Wilson v. Stephens, No. 22-20406 (5th Cir. 2023)

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Case: 22-20406 Document: 00516713672 Page: 1 Date Filed: 04/17/2023 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED April 17, 2023 No. 22-20406 ____________ Lyle W. Cayce Clerk Jerry Wilson, also known as Steve Vic Parker, Plaintiff—Appellant, versus William Stephens; Brad Livingston; Joni White; Charley Valdez; P. S. Baggett; Program Specialist Rudi Martinez, Defendants—Appellees. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 4:13-CV-3522 ______________________________ Before Wiener, Elrod, and Engelhardt, Circuit Judges. Per Curiam: * Plaintiff Jerry Wilson, also known as Steve Vic Parker, moved to “revive” a default judgment he says he obtained. The district court denied the motion, explaining that his original complaint was dismissed without prejudice because he was previously barred from filing any prisoner pro se filing for violating the three-strike rule contained in 28 U.S.C. § 1915(g). See Wilson v. _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-20406 Document: 00516713672 Page: 2 Date Filed: 04/17/2023 No. 22-20406 Stephens, No. 4:13-CV-3522, ECF 62 (S.D. Tex. July 20, 2022); see also id. ECF 15 (July 15, 2014) (dismissing the original complaint). Wilson appeals the denial of that motion and moves to proceed in forma pauperis. The district court was correct that there is no judgment to be revived because Wilson’s complaint was dismissed. We are therefore required to dismiss the appeal as frivolous because Wilson fails to present an issue that is arguable on the merits. 28 U.S.C. § 1915(e)(2)(B)(i); Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983). DISMISSED. The motion to proceed in forma pauperis is DENIED AS MOOT. 2

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