Jones v. Gitau

Opinion

Case: 25-20112 Document: 32-1 Page: 1 Date Filed: 09/15/2025

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

____________ FILED September 15, 2025

No. 25-20112

Lyle W. Cayce

Summary Calendar Clerk

____________

Sam Jones,

Plaintiff—Appellant,

versus

Miriam Gitau; Sharon Rowe-Phillips; Margaret Mubuge,

Defendants—Appellees.

______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:24-CV-3648

______________________________

Before Jones, Duncan, and Douglas, Circuit Judges. Per Curiam: * Sam Jones, Texas prisoner # 1787475, appeals the dismissal of his pro se 42 U.S.C. § 1983 complaint alleging the loss of $150 in commissary property. While incarcerated and prior to moving for leave to proceed in forma pauperis (IFP) on appeal, Jones brought three actions or appeals in a court of the United States that were dismissed as frivolous, malicious, or for

_____________________

*

This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-20112 Document: 32-1 Page: 2 Date Filed: 09/15/2025

No. 25-20112

failure to state a claim upon which relief could be granted. See Jones v. Knight, 558 F. App’x 486, 486-87 (5th Cir. 2014) (two strikes); Jones v. Wheeler, No. 24-20042, 2024 WL 3384927, 1 (5th Cir. July 12, 2024) (unpublished). He is therefore barred from proceeding IFP 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 28 U.S.C. § 1915(g). There is no allegation that Jones was under imminent danger of serious physical injury at any time from the loss of $150 in commissary property. See id. The district court improvidently granted Jones leave to proceed IFP on appeal.

Accordingly, Jones’s IFP status is decertified, and the appeal is dismissed. Jones has 30 days from the date of this opinion to pay the full appellate filing fee to the clerk of the district court, should he wish to reinstate his appeal.

IFP DECERTIFIED; § 1915(g) BAR IMPOSED; APPEAL DISMISSED.