IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 18-60349

JUNNE KOH,

Plaintiff–Appellant,

v.

MS. UNKNOWN FAUST, Case Manager; DIRECTOR THOMAS KANE,

Defendants–Appellees.

Appeal from the United States District Court

for the Southern District of Mississippi

USDC No. 5:17-CV-27

Before OWEN, WILLETT, and OLDHAM, Circuit Judges. 

PER CURIAM:*

Junne Koh, federal prisoner # 44827-086, moves this court for leave to 

proceed in forma pauperis (IFP) in his appeal of the dismissal as frivolous of 

his civil rights complaint. By moving for IFP status here, Koh is challenging 

the district court’s certification that his appeal is not taken in good faith. See 

Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997); FED. R. APP. P. 24(a). 

Before Koh filed the instant appeal, he had accumulated at least two 28 

U.S.C. § 1915(g) strikes—one in Koh v. Kane, 5:17-cv-206 (N.D. Tex. Jan. 17, 

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

March 19, 2019

Lyle W. Cayce

Clerk

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No. 18-60349

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2018) and one in Koh v. Kane, 5:17-cv-39 (S.D. Miss. Apr. 23, 2018). He 

subsequently accumulated another § 1915(g) strike in Koh v. Fox, 5:18-cv-289 

(W.D. Okla. July 31, 2018). Further, while the instant appeal was pending, in 

Koh v. Kane, No. 18-10125, we dismissed Koh’s appeal as frivolous and barred 

him under § 1915(g) from proceeding IFP in any civil action or appeal while he 

is incarcerated or detained in any facility unless he is under imminent danger 

of serious physical injury. 

Under § 1915(g), a prisoner may not proceed IFP in a civil action or in 

an appeal of a judgment in a civil action if the prisoner has, on three or more 

prior occasions, while incarcerated, brought an action or appeal that was 

dismissed as frivolous or for failure to state a claim, unless the prisoner is 

under imminent danger of serious physical injury. Koh has not alleged, nor 

does the record show, that he is in imminent danger of serious physical injury. 

Therefore, Koh has not shown that the imminent-danger exception to the 

§ 1915(g) bar should be applied to the instant appeal. See Baños v. O’Guin, 144 

F.3d 883, 885 (5th Cir. 1998) (per curiam). 

Even if Koh were to overcome the § 1915(g) bar, he must demonstrate 

both financial eligibility and a nonfrivolous issue for appeal. See FED. R. APP.

P. 24(a); Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 1982). Koh’s appellate 

brief misstates the basis for the district court’s certification decision, and he 

has not raised a nonfrivolous issue for appeal. See Carson v. Johnson, 112 F.3d 

818, 821 (5th Cir. 1997); Baugh, 117 F.3d at 202. Koh’s motion for IFP is 

DENIED, and his appeal is DISMISSED. 

In Koh v. Kane, No. 18-60342, we ordered Koh to pay a monetary 

sanction in the amount of $100 payable to the clerk of this court and barred 

him from filing any pleading in the district court or this court until the sanction 

is paid unless he first obtains leave of the court in which he seeks to file such 

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pleading. We remind Koh that he is BARRED from filing any pleading in the 

district court or this court until the sanction is paid unless he first obtains 

leave of the court in which he seeks to file such pleading.

We WARN Koh that any future frivolous, repetitive, or otherwise 

abusive filings would invite the imposition of additional sanctions, which might 

include dismissal, monetary sanctions, and restrictions on his ability to file 

pleadings in this court and any court subject to this court’s jurisdiction. Koh 

should review any pending appeals and actions and move to dismiss any that

are frivolous, repetitive, or otherwise abusive.

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