Ernest Newman v. Executive Director of the TDCJ, e, No. 14-20495 (5th Cir. 2016)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on July 7, 2015.
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Case: 14-20495 Document: 00513485747 Page: 1 Date Filed: 04/29/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-20495 Summary Calendar United States Court of Appeals Fifth Circuit FILED April 29, 2016 ERNEST D. NEWMAN, Plaintiff-Appellant Lyle W. Cayce Clerk v. EXECUTIVE DIRECTOR OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE; DIRECTOR OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE-CORRECTIONAL INSTITUTIONS DIVISION; CHAPLAIN MARTIN, Chaplain of the Powledge Unit; WARDEN WHIET, Warden of the Powledge Unit; ASSISTANT WARDEN AULT, Assistant Warden of the Powledge Unit, Defendants-Appellees Appeal from the United States District Court for the Southern District of Texas USDC No. 4:14-CV-2036 Before REAVLEY, SMITH, and HAYNES, Circuit Judges. PER CURIAM: * Ernest D. Newman, Texas prisoner # 1892170, appeals the dismissal of his 42 U.S.C. § 1983 complaint as barred by 28 U.S.C. § 1915(g). Newman 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 14-20495 Document: 00513485747 Page: 2 Date Filed: 04/29/2016 No. 14-20495 argues that the dismissal was improper because he was not proceeding in forma pauperis (IFP). Newman does not challenge the district court’s determination that he is subject to the § 1915(g) bar, and the record reflects that Newman never paid the filing fee in the district court. Because Newman is subject to the § 1915(g) bar, he may not proceed IFP without showing that his “is under imminent danger of serious physical injury.” § 1915(g). Newman has failed to make that showing. Accordingly, the district court’s judgment is AFFIRMED. 2
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