Gerald Babineaux v. Dist Atty 27th Jud Dist Ct, et al

Filing

UNPUBLISHED OPINION FILED. [16-30162 Affirmed ] Judge: WED , Judge: LHS , Judge: SAH Mandate pull date is 02/24/2017; denying motion for discovery filed by Appellant Mr. Gerald Neal Babineaux [8199007-2] [16-30162]

Case: 16-30162

Document: 00513861940

Page: 1

Date Filed: 02/03/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-30162
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
February 3, 2017
Lyle W. Cayce
Clerk

GERALD NEAL BABINEAUX,
Plaintiff-Appellant
v.

DISTRICT ATTORNEY 27TH JUDICIAL DISTRICT COURT; EARL B.
TAYLOR,
Defendants-Appellees
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 2:15-CV-1792
Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Gerald Neal Babineaux, Louisiana prisoner # 222961, 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 Babineaux’s claim that he has been denied access to the courts

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-30162

Document: 00513861940

Page: 2

Date Filed: 02/03/2017

No. 16-30162
lacked an arguable basis in law or contained insufficient factual matter to state
a plausible claim for relief. See Ashcroft v. Iqbal, 556 U.S. 662, 678–79 (2009);
Samford v. Dretke, 562 F.3d 674, 678 (5th Cir. 2009).
judgment is AFFIRMED.

Accordingly, the

Babineaux’s motions relative to discovery are

DENIED.
The dismissal of Babineaux’s Section 1983 complaint as frivolous and for
failure to state a claim on which relief may be granted counts as a strike under
Section 1915(g). See § 1915(g); Coleman v. Tollefson, 135 S. Ct. 1759, 1763–64
(2015); Adepegba v. Hammons, 103 F.3d 383, 387–88 (5th Cir. 1996).
Babineaux 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