Florence v. Gibbs, No. 21-10060 (5th Cir. 2021)

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Case: 21-10060 Document: 00516040680 Page: 1 Date Filed: 10/04/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED October 4, 2021 Lyle W. Cayce Clerk No. 21-10060 Thomas Wayne Florence, Plaintiff—Appellant, versus Debra Gibbs; Tina Vitola; Case Manager Davis; Director, TDCJ-CID, Defendants—Appellees. Appeal from the United States District Court for the Northern District of Texas USDC No. 7:20-CV-154 Before Jones, Duncan, and Engelhardt, Circuit Judges. Per Curiam:* Thomas Wayne Florence, Texas prisoner # 1729344, moves this court for authorization to proceed in forma pauperis (IFP) following the district court’s dismissal of his 42 U.S.C. § 1983 complaint pursuant to the three strikes provision of 28 U.S.C. § 1915(g). Because he has failed to show that * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 21-10060 Document: 00516040680 Page: 2 Date Filed: 10/04/2021 No. 21-10060 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), Florence’s motion for leave to proceed IFP is denied. Moreover, Florence’s appeal from the district court’s dismissal of his action as barred under § 1915(g) is frivolous. See 5th Cir. R. 42.2; Baugh v. Taylor, 117 F.3d 197, 202 & n.24 (5th Cir. 1997). MOTION DENIED; APPEAL DISMISSED. 2

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