Hale v. Baird, et al

No. 99-11091
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* 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that this opinion should not be published and is not precedent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. 99-11091
Conference Calendar
LORENZO HALE,
Plaintiff-Appellant,
versus
WILLIAM BAIRD, Sheriff;
DUNCAN WHEELER, Jailer;
RUNNELS COUNTY JAIL
MEDICAL DEPARTMENT;
JAMES SCRIVENER, Jailer,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 6:99-CV-22-BG
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April 14, 2000
Before WIENER, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Lorenzo Hale, Texas prisoner # 776338, appeals from the
dismissal as frivolous of his 42 U.S.C. § 1983 action as barred
by the applicable statute of limitations. Hale reurges the
merits of his claims, but he does not address the magistrate
judge’s holding that his complaint was untimely. Issues not
raised or briefed on appeal are considered abandoned. Evans v.
City of Marlin, Tex., 986 F.2d 104, 106 n.1 (5th Cir. 1993). The

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No. 99-11091
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record reflects that Hale’s claims are barred by the statute of
limitations. See Gonzales v. Wyatt, 157 F.3d 1016, 1019-20 (5th
Cir. 1998). Because the appeal is frivolous, it is dismissed.
See 5th Cir. R. 42.2. Hale’s request for the appointment of
counsel is DENIED.
The magistrate judge’s dismissal of Hale’s complaint as
frivolous and this court’s dismissal of the appeal as frivolous
count as two “strikes” for purposes of § 1915(g). See Adepegba
v. Hammons, 103 F.3d 383, 385-87 (5th Cir. 1996). If Hale
accumulates three “strikes” under § 1915(g), he will not be able
to 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 § 1915(g).
APPEAL DISMISSED; MOTION DENIED; SANCTIONS WARNING ISSUED.

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