Clinton Ards v. Jean Monroe, et al, No. 20-20132 (5th Cir. 2020)

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Case: 20-20132 Document: 00515612589 Page: 1 Date Filed: 10/22/2020 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED October 22, 2020 No. 20-20132 Lyle W. Cayce Clerk 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pauperis (IFP) following the * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 20-20132 Document: 00515612589 Page: 2 Date Filed: 10/22/2020 No. 20-20132 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 See § 1915(g); Ards v. Abbott, No. 17-20707, at 2-3 (5th Cir. July 26, 2018) (unpublished). 2

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