Brown v. Louisiana State Department of Corrections

Fifth Circuit

Brown v. Louisiana State Department of Corrections

273 F. App'x 400

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 14, 2008

Docket06-31300

StatusUnpublished

This text of 273 F. App'x 400 (Brown v. Louisiana State Department of Corrections) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brown v. Louisiana State Department of Corrections, 273 F. App'x 400 (5th Cir. 2008).

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Opinion

PER CURIAM: *

Dwayne Brown, Louisiana prisoner # 96518, appeals the dismissal of his 42 U.S.C. § 1983 complaint as frivolous. Brown argues that the defendants, the Louisiana Department of Public Safety and Corrections (the Department) and Richard Stalder, have erroneously classified him as a fourth felony offender, a determination which has rendered him ineligible for parole. The Louisiana Supreme Court, however, has held that the Department is not bound by a court’s habitual offender adjudication in calculating parole eligibility. Townley v. Dep’t of Public Safety & Corr., 681 So.2d 951, 953 (La. 1996). Because Brown’s civil rights action is factually frivolous, the district court’s judgment is affirmed. See Bickford v. Int’l Speedway Corp., 654 F.2d 1028, 1031 (5th Cir.1981). We warn Brown that our affirmance of the district court’s dismissal of his complaint counts as one strike under 28 U.S.C. § 1915(g) and that, if he accumulates three strikes, he will not be able to 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 Adepegba v. Hammons, 103 F.3d 383, 388 (5th Cir.1996).

AFFIRMED; SANCTION WARNING ISSUED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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PER CURIAM: *

Dwayne Brown, Louisiana prisoner # 96518, appeals the dismissal of his 42 U.S.C. § 1983 complaint as frivolous. Brown argues that the defendants, the Louisiana Department of Public Safety and Corrections (the Department) and Richard Stalder, have erroneously classified him as a fourth felony offender, a determination which has rendered him ineligible for parole. The Louisiana Supreme Court, however, has held that the Department is not bound by a court’s habitual offender adjudication in calculating parole eligibility. Townley v. Dep’t of Public Safety & Corr., 681 So.2d 951, 953 (La. 1996). Because Brown’s civil rights action is factually frivolous, the district court’s judgment is affirmed. See Bickford v. Int’l Speedway Corp., 654 F.2d 1028, 1031 (5th Cir.1981). We warn Brown that our affirmance of the district court’s dismissal of his complaint counts as one strike under 28 U.S.C. § 1915(g) and that, if he accumulates three strikes, he will not be able to 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 Adepegba v. Hammons, 103 F.3d 383, 388 (5th Cir.1996).

AFFIRMED; SANCTION WARNING ISSUED.

*

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.

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273 F. App'x 400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-louisiana-state-department-of-corrections-ca5-2008.

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