Summary Calendar TONY SHANE PETERS v. Commissioners Court

* 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that this opinion should not be published and is not precedent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. 97-21011
Summary Calendar
TONY SHANE PETERS
Plaintiff - Appellant
v.
COMMISSIONERS COURT, ET AL
Defendants
COMMISSIONERS COURT; K BROWNFIELD, Captain; S N EVETTS,
Sergeant; T A GUIDRY, Officer; J S SHIELDS; TOMMY B THOMAS,
Sheriff
Defendants - Appellees
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-94-CV-4324
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August 28, 2000
Before KING, Chief Judge, and WIENER and DENNIS, Circuit Judges.
PER CURIAM:*
Tony Shane Peters, Texas prisoner # 1133075, appeals
following the jury verdict in his civil rights case against him
and in favor of Officer T. A. Guidry and the summary judgment
dismissal of claims against the Commissioners Court, Captain K.
Brownfield, Sergeant S. N. Evetts, J. S. Shields, and Sheriff

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No. 97-21011
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Tommy Thomas. The only issue Peters briefed is that his court-
appointed attorney for his trial was ineffective.
There is no constitutional right to an attorney in a civil
rights case, and we do review claims of ineffective assistance of
counsel in such cases. See Sanchez v. United States Postal
Serv., 785 F.2d 1236, 1237 (5th Cir. 1986). Peters’ appeal fails
to present an issue of arguable merit and is therefore frivolous.
See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). The
appeal is DISMISSED as frivolous. See 5TH CIR. R. 42.2. Peters
is hereby informed that 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 (5th Cir. 1996). We
caution Peters that once he accumulates three strikes, he may not
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 28 U.S.C.
§ 1915(g).
APPEAL DISMISSED AS FRIVOLOUS.

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