David Payne v. American Corrections Assn

667 F. App'x 149

Opinion

PER CURIAM: *

■ David Payne, Mississippi prisoner # 08755, appeals the dismissal of his civil complaint. He also moves for the appointment of counsel and waiver of filing fees and for a default judgment and sanctions.

In his brief, Payne uses abusive language regarding the district court and the magistrate judge. He was warned in another case that doing so could result in sanctions. See Payne v. Epps, No. 11-60257 (5th. Cir. Sept. 28, 2011). Accordingly, the appeal is DISMISSED with prejudice. See Theriault v. Silber, 579 F.2d 302, 304 (5th Cir. 1978). Payne is WARNED that any future frivolous or abusive filings in this court or any court subject to this court’s jurisdiction will subject him to additional sanctions and that he should review all pending matters to ensure that they are not frivolous or abusive. All of Payne’s pending motions are DENIED.

• The district court’s dismissal'counts as a strike under 28 U.S.C. § 1915(g). Payne has at least one other strike. See Payne v. Stone, No. 4:98-CV-94 (N.D. Miss. May 5, 1998). He is WARNED that if he accumulates three strikes, he will not be allowed to proceed IFP in any civil action or appeal while incarcerated or detained in any facility unless he is under imminent danger of serious physical injury. See § 1915(g).

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.