Dockeray v. Hodges, 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
July 26, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-41305
Summary Calendar
WILLIAM J. DOCKERAY,
Plaintiff-Appellant,
versus
KELLY DIXION, Assistant Warden; UNKNOWN NO. 3; FNU SIMPSON; M.
WOOTEN; FNU HARMON, Lieutenant; UNKNOWN NO. 4; FNU GARCIA,
Mailroom Supervisor,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:03-CV-532-ALL-JKG
--------------------
Before JONES, Chief Judge, DeMOSS, and PRADO, Circuit Judges.
PER CURIAM:*
William J. Dockeray, Texas prisoner #563359, has been barred
from proceeding in forma pauperis (“IFP”) under 28 U.S.C.
§ 1915(g) because, on at least three prior occasions while
incarcerated, he has brought an action or appeal in a court of
the United States that was dismissed as frivolous or for failure
to state a claim upon which relief could be granted. See
Dockeray v. Ozz, No. 04-40266 (5th Cir. Aug. 18, 2004)

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No. 04-41305
-2-
(unpublished). This appeal was therefore improvidently docketed
as if Dockeray were proceeding IFP on appeal.
Accordingly, Dockeray’s IFP status is DECERTIFIED, and the
appeal is DISMISSED. Dockeray has 15 days from the date of this
opinion to pay the full appellate filing fee to the clerk of the
district court, should he wish to reinstate his appeal.
IFP DECERTIFIED; APPEAL DISMISSED.

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