Johnson v. Rogers

* 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this opinion should not be published and is not precedent except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
December 12, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-40038
Conference Calendar
CHRISTOPHER JOHNSON,
Plaintiff-Appellant,
versus
ANN ROGERS,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:05-CV-397
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Before KING, WIENER, and OWEN, Circuit Judges.
PER CURIAM:*
Christopher Johnson, prisoner # 842458 at the Monroe,
Washington, Correctional Center, 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 Johnson v. Albert, No. C05-1762TSZ-
MJB, 1-2 (W.D. Wash. Nov. 5, 2005) (unpublished). This appeal

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No. 06-40038
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was therefore improvidently docketed as if Johnson were
proceeding IFP on appeal.
Accordingly, Johnson’s IFP status is decertified, and the
appeal is dismissed. Johnson 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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