Williams v. Wainwright, et al, No. 05-30680 (5th Cir. 2006)
Annotate this Case
Download PDF
United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 24, 2006 Charles R. Fulbruge III Clerk No. 05-30680 Conference Calendar ANTHONY JOSEPH WILLIAMS, Plaintiff-Appellant, versus CURT WAINWRIGHT; JOSH OTWELL; ANGIE HUFF; RAY HANSON, Defendants-Appellees. -------------------Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:05-CV-34 -------------------Before JOLLY, DeMOSS, and STEWART, Circuit Judges. PER CURIAM:* Anthony Joseph Williams, Louisiana prisoner # 397646, appeals the district court s dismissal of his civil rights complaint as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). Williams argues that the district court misconstrued his complaint as seeking relief for a deprivation of property which occurred in November 2003, when in fact the complaint alleged claims arising out of a January 2005 incident of retaliation. The record shows that Williams submitted the complaint to prison authorities for mailing on December 26, 2004; thus, it is * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 05-30680 -2not possible that the complaint alleged claims arising out of an incident occurring in January 2005. Accordingly, the dismissal of the complaint was not an abuse of discretion. Hightower, 112 F.3d 191, 193 (5th Cir. 1997). See Siglar v. Williams s appeal is without arguable merit and is therefore dismissed as frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983); see 5TH CIR. R. 42.2. The district court s dismissal of Williams s complaint and this court s dismissal of his appeal count as two strikes under 28 U.S.C. § 1915(g). (5th Cir. 1996). See Adepegba v. Hammons, 103 F.3d 383, 387 Williams is cautioned that if he accumulates three strikes, he may no longer proceed in forma pauperis 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). APPEAL DISMISSED; SANCTION WARNING ISSUED.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
