Cotton v. Fordice
Opinion
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________ No. 97-60275 Summary Calendar _____________________
JARVIOUS COTTON, Plaintiff-Appellant, versus
KIRK FORDICE, ET AL., Defendants-Appellees. _________________________________________________________________ Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:96-CV-141BN _________________________________________________________________ January 26, 1998 Before JOLLY, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM:* Jarvious Cotton, # 34463, appeals the district court’s summary
judgment for the defendants in his 42 U.S.C. § 1983 civil rights
actions. Cotton’s appeal is hereby SEVERED from that of his
co-appellant Keith Brown, # 45542, for separate disposition.
Cotton argues that the defendants denied him his right to vote.
The Prison Litigation Reform Act (PLRA) provides:
In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section if the prisoner has, or 3 or more prior * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. occasions, while incarcerated on detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be grated, unless the prisoner is under imminent danger of serious physical injury.
28 U.S.C. § 1915 (g). “[D]ismissals as frivolous in the district
courts or the court of appeals count [as strikes] for the purposes
of [§ 1915(g)].” Adepegba v. Hammons, 103 F.3d 383, 387 (5th Cir.
1996). A dismissal as frivolous by a district court does not count
as a strike until the prisoner has exhausted or waived his appeals.
Adepegba, 103 F.3d at 387 . An affirmance by this court of a
dismissal as frivolous by the district court does not count as a
separate strike. Id. at 387 . However, the dismissal of an appeal
as frivolous counts as a separate strike for purposes of § 1915(g).
Id. at 388.
Cotton has had three dismissals as frivolous by the district
court and/or this court. See Cotton v. Hargett, No. 95-60284 (5th
Cir. Aug. 22, 1995)(unpublished)(district court and court of
appeals dismissed frivolous counts as two separate strikes); Cotton
v. Fordice, No. 4:94CV202-S-D (N.D. Miss. Sept. 19, 1996) (district
court dismissed case as frivolous). This appeal does not involve
claims of imminent danger of serious physical injury. Cotton’s
appeal is DISMISSED pursuant to § 1915(g). Cotton is hereby put on
notice that he cannot file further appeals unless he meets the
exception of § 1915(g).
-2- APPEAL SEVERED and DISMISSED.
-3-
How later courts describe this case
Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.
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(“[Section] 241 was enacted in an era when southern states discriminated against [B]lack[] [people] by disenfranchising convicts for crimes that, it was thought, were committed primarily by [B]lack[] [people].”)
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