Ramirez v. Granberry

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-50601
Conference Calendar
ISIDRO MARTINEZ RAMIREZ,
Plaintiff-Appellant,
versus
K. GRANBERRY, Detention Officer,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-96-CV-228
--------------------
June 16, 2000
Before JOLLY, DAVIS, and DUHÉ, Circuit Judges.
PER CURIAM:*
Isidro Martinez Ramirez, Texas prisoner # 782291, appeals
the district court’s order denying his motion to protect the
proceeds of the judgment in his favor. This is construed as a
motion seeking a preliminary injunction. We have carefully
reviewed the appellate record and Ramirez’s arguments. Ramirez
has not satisfied any of the prerequisites for a preliminary
injunction. See Sunbeam Prods., Inc. v. West Bend Co., 123 F.3d

-- 1 of 2 --

No. 99-50601
-2-
246, 250 (5th Cir. 1997). The district court did not abuse its
discretion in denying the preliminary injunction. See id. at 261.
This appeal is without arguable merit and is thus frivolous.
It is DISMISSED. See 5TH CIR. R. 42.2.
The dismissal of this appeal as frivolous counts as a strike
for purposes of 28 U.S.C. § 1915(g). See Adepegba v. Hammons,
103 F.3d 383, 387-88 (5th Cir. 1996). We caution Ramirez that
once he accumulates three strikes, he may not proceed in forma
pauperis (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 § 1915(g).
DISMISSED AS FRIVOLOUS; STRIKE WARNING ISSUED.

-- 2 of 2 --