Albert Harris v. Marsha Moberly, et al


UNPUBLISHED OPINION FILED.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

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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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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). 2

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