Fletcher v. Allstate Ins Co

* 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this opinion should not be published and is not precedent except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
February 23, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-30964
Conference Calendar
TYRONE FLETCHER,
Plaintiff-Appellant,
versus
ALLSTATE INSURANCE COMPANY,
Defendant-Appellee.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:04-CV-1469-E
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Before GARZA, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Tyrone Fletcher, Louisiana prisoner # 396381, has filed an
application for leave to proceed in forma pauperis (IFP) on
appeal, following the dismissal of his 42 U.S.C. § 1983 complaint
and the district court’s certification that the appeal is not
taken in good faith. Fletcher focuses solely on his indigency.
By failing to direct his motion to the district court’s reasons
for the certification decision, Fletcher has effectively
abandoned the only issue that is properly before this court. See
Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997); Yohey v.

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No. 04-30964
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Collins, 985 F.2d 222, 224-25 (5th Cir. 1993). Accordingly,
Fletcher’s request for IFP status is denied, and his appeal is
dismissed as frivolous. See Baugh, 117 F.3d at 202 & n.24; 5TH
CIR. R. 42.2.
The dismissal of this appeal as frivolous and the district
court’s dismissal of the complaint for failure to state a claim
each count as a strike for purposes of 28 U.S.C. § 1915(g). See
Adepegba v. Hammons, 103 F.3d 383, 388 (5th Cir. 1996); 28 U.S.C.
§ 1915(e)(2)(B)(i). Fletcher is warned that if he accumulates
three strikes, he will not be permitted to 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 DENIED; APPEAL DISMISSED AS FRIVOLOUS; SANCTION WARNING
ISSUED.

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