Patrick Sanders v. Chippi

• Court: Court of Appeals for the Fifth Circuit
• Decided: September 6, 2018
• Docket: 17-20782
• Status: Unpublished

Opinion

Case: 17-20782 Document: 00514630953 Page: 1 Date Filed: 09/06/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 17-20782 United States Court of Appeals

Summary Calendar Fifth Circuit

FILED September 6, 2018

PATRICK DEWAYNE SANDERS, Lyle W. Cayce Clerk Plaintiff-Appellant

v.

SERGEANT CHIPPI; HOUSTON POLICE DEPARTMENT,

Defendants-Appellees

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:17-CV-3490

Before STEWART, Chief Judge, and GRAVES and DUNCAN, Circuit Judges. PER CURIAM: * Patrick Dewayne Sanders, Texas prisoner # 2549493, appeals the dismissal of his in forma pauperis (IFP) 42 U.S.C. § 1983 suit; the district court dismissed the suit as time barred and, therefore, frivolous. See 28 U.S.C. § 1915(e)(2)(b)(i); see Moore v. McDonald, 30 F.3d 616, 620 (5th Cir. 1994). However, Sanders does not acknowledge, much less address, the district court’s time-bar holding, and he has therefore abandoned any challenge to the

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-20782 Document: 00514630953 Page: 2 Date Filed: 09/06/2018

No. 17-20782

dismissal of his suit as time barred. See Yohey v. Collins, 985 F.2d 222, 225 (5th Cir. 1993); Brinkmann v. Dallas Cnty. Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). The appeal is DISMISSED AS FRIVOLOUS. See 5TH CIR. R. 42.2. The district court’s dismissal of Sanders’s complaint and our dismissal of this appeal each count as a strike for purposes of § 1915(g). See Adepegba v. Hammons, 103 F.3d 383, 387 (5th Cir. 1996). Sanders is WARNED that, if he accumulates three strikes, he will no longer be allowed to proceed 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.” § 1915(g).