Willie Jefferson v. Robert Smith, et al

Filing

UNPUBLISHED OPINION FILED. [16-40040 Dismissed] Jefferson's IFP status is DECERTIFIED. Jefferson has 15 days from the date of this opinion (5/30/17) to pay the full appellate filing fee to the clerk of the disrict court, should he wish to reinstate his appeal. Judge: EGJ, Judge: JES, Judge: JEG. Mandate pull date is 07/21/2017 [16-40040]

Case: 16-40040

Document: 00514010890

Page: 1

Date Filed: 05/30/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-40040
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
May 30, 2017
Lyle W. Cayce
Clerk

WILLIE JEFFERSON,
Plaintiff-Appellant
v.

ROBERT SMITH; MICHAEL GREENE, Administrative Remedy Coordinator;
MICHAEL CARVAJAL; HARRELL WATTS, National Inmate Appeals
Administrator; DARRELL ENDSLEY; DONNIE GOLDEN,
Defendants-Appellees
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 5:13-CV-18
Before JOLLY, SMITH, and GRAVES, Circuit Judges.
PER CURIAM: *
Willie Jefferson, federal prisoner # 15721-018, is barred from proceeding
in forma pauperis (IFP) under 28 U.S.G. § 1915(g) because, on at least three
prior occasions while incarcerated, he has brought an action or appeal in a
court of the United States that was dismissed as frivolous or for failure to state
a claim upon which relief could be granted. See Jefferson v. Ofodile, No. 1:99Pursuant 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-40040

Document: 00514010890

Page: 2

Date Filed: 05/30/2017

No. 16-40040
CV-2916 (N.D. Ga. May 18, 2000); Jefferson v. Ofodile, No. 00-12844 (11th Cir.
Dec. 18, 2000); and Jefferson v. Castro, No. 06-11838 (11th Cir. Aug. 17, 2006).
Jefferson has not demonstrated that he is “under imminent danger of serious
physical injury.” § 1915(g). Thus, the district court improvidently granted
Jefferson leave to proceed IFP on appeal.
Accordingly, Jefferson’s IFP status is decertified, and the appeal is
dismissed. Jefferson has 15 days from the date of this opinion to pay the full
appellate filing fee to the clerk of the district court, should he wish to reinstate
his appeal.
IFP DECERTIFIED; APPEAL DISMISSED

2