Ards v. Monroe, et al

United States Court of Appeals
for the Fifth Circuit

No. 20-20132

Clinton Laru Ards,

Plaintiff—Appellant,

versus

Jean Monroe, Regional Director, Huntsville, Texas; Bryan Collier,
Executive Director; Warden Herrera; Assistant Warden
Wider; Bella Jezierski, Instructor; Paul Allen, Chair, Lee
College, Huntsville, Texas; Donna Zuniga, Dean; Major
Sullivan,

Defendants—Appellees.

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:20-CV-542

Before Willett, Ho, and Duncan, Circuit Judges.
Per Curiam:*
Clinton Laru Ards, former Texas prisoner # 2297036, moves this
court for authorization to proceed in forma pauperis (IFP) following the

*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
October 22, 2020

Lyle W. Cayce
Clerk
Case: 20-20132 Document: 00515612589 Page: 1 Date Filed: 10/22/2020

No. 20-20132
2
district court’s dismissal without prejudice of his 42 U.S.C. § 1983 complaint
as barred by the three strikes rule of 28 U.S.C. § 1915(g). Ards has failed to
show that he should be allowed to proceed IFP on appeal under § 1915(g).
See Baños v. O’Guin, 144 F.3d 883, 885 (5th Cir. 1998). Accordingly, Ards’s
motion for leave to proceed IFP is DENIED. For the same reason, his
appeal from the district court’s dismissal of his § 1983 complaint is frivolous
and is DISMISSED. See 5th Cir. R. 42.2; Baugh v. Taylor, 117 F.3d 197,
202 & n.24 (5th Cir. 1997).
The dismissal of this appeal counts as a strike under § 1915(g). See
Adepegba v. Hammons, 103 F.3d 383, 388 (5th Cir. 1996). Ards is
CAUTIONED that he has been barred previously and remains barred from
proceeding 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 § 1915(g); Ards v. Abbott, No. 17-20707, at 2-3 (5th Cir. July 26,
2018) (unpublished).
Case: 20-20132 Document: 00515612589 Page: 2 Date Filed: 10/22/2020