Albert Harris v. Marsha Moberly, et al

Filing

UNPUBLISHED OPINION FILED. [15-20075 Affirmed] Judge: EHJ, Judge: JLW, Judge: EBC. Mandate pull date is 05/10/2017 [15-20075]

Case: 15-20075

Document: 00513959879

Page: 1

Date Filed: 04/19/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-20075
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
April 19, 2017
Lyle W. Cayce
Clerk

ALBERT HARRIS,
Plaintiff-Appellant
v.

MARSHA MOBERLY; CHARLES SHIPMAN; JAMES LAFAVERS,
Defendants-Appellees
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:15-CV-101
Before JONES, WIENER, and CLEMENT, Circuit Judges.
PER CURIAM: *
Albert Harris, Texas prisoner # 677922, appeals the dismissal of his 42
U.S.C. § 1983 complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii), as
frivolous and for failure to state a claim on which relief could be granted. The
district court did not err in dismissing the complaint, as Harris’s claims
surrounding his initial parole interview lacked an arguable basis in law or
contained insufficient factual matter to state a plausible claim for relief. See

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
*

Case: 15-20075

Document: 00513959879

Page: 2

Date Filed: 04/19/2017

No. 15-20075
Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009); Samford v. Dretke, 562 F.3d 674,
678 (5th Cir. 2009). Accordingly, the judgment is AFFIRMED.
The dismissal of Harris’s complaint as frivolous and for failure to state a
claim on which relief may be granted counts as a strike under § 1915(g). See
28 U.S.C. § 1915(g); Coleman v. Tollefson, 135 S. Ct. 1759, 1763-64 (2015);
Adepegba v. Hammons, 103 F.3d 383, 387–88 (5th Cir. 1996).

Harris is

WARNED that if he accumulates three strikes, he will not be allowed to
proceed in forma pauperis in any civil action or appeal filed while he is
incarcerated or detained in any facility unless he is under imminent danger of
serious physical injury. See § 1915(g).

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