Dobbs v. State of MS, et al

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
June 24, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-60148
Conference Calendar
DENNIS DOBBS,
Plaintiff-Appellant,
versus
STATE OF MISSISSIPPI; MISSISSIPPI DEPARTMENT OF
CORRECTIONS; WILLIAM BILL BLAND; LEE ROY BLACK,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 1:92-CV-71-B-D
--------------------
Before DeMOSS, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Dennis Dobbs, Mississippi prisoner # 96145, has filed a
motion for leave to proceed in forma pauperis (IFP) on appeal.
The district court denied Dobbs’ FED. R. CIV. P. 60(b) motion for
relief from the dismissal of his 42 U.S.C. § 1983 complaint. The
district court denied Dobbs’ motion to appeal IFP and certified
that the appeal was not taken in good faith. By moving for IFP,

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No. 03-60148
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Dobbs is challenging the district court’s certification. See
Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997).
Dobbs has failed to show that the district court abused its
discretion by denying his FED. R. CIV. P. 60(b) motion. Seven
Elves, Inc. v. Eskenazi, 635 F.2d 396, 402 (5th Cir. 1981). The
instant appeal is without arguable merit and is thus frivolous.
Accordingly, Dobbs’ request for IFP status is DENIED, and his
appeal is DISMISSED. Howard v. King, 707 F.2d 215, 219-220 (5th
Cir. 1983); 5TH CIR. R. 42.2.
Dobbs is cautioned that the dismissal of this appeal as
frivolous counts as a strike under 28 U.S.C. § 1915(g). See
Adepegba v. Hammons, 103 F.3d 383, 385-87 (5th Cir. 1996). Dobbs
is also cautioned that if he accumulates three strikes under 28
U.S.C. § 1915(g), he may not proceed IFP 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 28 U.S.C. § 1915(g).
IFP MOTION DENIED; APPEAL DISMISSED; SANCTION WARNING
ISSUED.

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