Mack v. Dallas Cty Sheriff's, 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this opinion should not be published and is not precedent except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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 00-10455
Summary Calendar
_____________________
RONNIE L. MACK, also known as
Robert C. Miller,
Plaintiff-Appellant,
versus
DALLAS COUNTY SHERIFF’S
DEPARTMENT; CAPTAIN JONES;
T. HENRY, Lieutenant;
LUKASHEAY, Sergeant,
Defendants-Appellees.
_________________________________________________________________
Appeal from the United States District Court for the
Northern District of Texas, Dallas
USDC No. 3:99-CV-1645-J
_________________________________________________________________
December 6, 2000
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Ronnie L. Mack, Texas prisoner # 342546, appeals the district
court’s dismissal as frivolous pursuant to 28 U.S.C.
§§ 1915A and 1915(e)(2) of his civil rights complaint, 42 U.S.C.
§ 1983. We have reviewed the record, Mack’s brief, and the

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applicable law, and we find no reversible error. Accordingly, the
district court’s judgment is affirmed.
Because Mack failed to show that his position as a litigant
was prejudiced, his claim that he was denied access to the courts
because of prison mailroom officials’ failure to deliver his mail
to his attorney is meritless. See Walker v. Navarro County Jail,
4 F.3d 410, 413 (5th Cir. 1993). Additionally, Mack has no
constitutional right to act as a prison writ-writer. See Tighe v.
Wall, 100 F.3d 41, 43 (5th Cir. 1996). His claim that prison
mailroom officials interfered with his mailings to other prisoners
also fails on this basis.
The district court’s dismissal of Mack’s complaint as
frivolous counts as a strike against Mack. See Adepegba v.
Hammons, 103 F.3d 383, 387 (5th Cir. 1996). Should Mack accumulate
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 in imminent danger of serious physical
injury. See 28 U.S.C. § 1915(g). Mack is cautioned to review any
pending appeals to ensure that they do not raise frivolous issues.
JUDGMENT AFFIRMED; SANCTIONS WARNING ISSUED.

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