IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-10782

Conference Calendar

ACIE GILKEY, JR

Plaintiff-Appellant

v.

EXECUTIVE DIRECTOR BRAD LIVINGSTON,Texas Department of Criminal

Justice; CHAIR RISSIE OWENS, Texas Board of Pardon and Paroles;

DIVISION DIRECTOR KIM VERNON, State Counsel for Offenders Texas

Department of Criminal Justice; S C VIDAL OLIVAREZ, Dallas Police

Department; BYRON FASSETT, DallasPolice Department; GOVERNOR RICK

PERRY; ATTORNEY GENERAL GREG ABBOTT, Dallas County District

Attorney’s Office; CATREAS TURNER; LASHAUNDA KING

Defendants-Appellees

ACIE GILKEY, JR

Plaintiff-Appellant

v.

DALLAS COUNTY DISTRICT ATTORNEY’S OFFICE; GREGG ABBOTT,

Attorney General of Texas; RICK PERRY, Governor of Texas; S C VIDAL

OLIVAREZ; BYRON FASSETT; LASHAUNDA KING; CATREAS TURNER

Defendants-Appellees

ACIE GILKEY, JR

Plaintiff-Appellant

v.

United States Court of Appeals

Fifth Circuit

F I L E D

April 15, 2008

Charles R. Fulbruge III

Clerk
No. 07-10782

* 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should not be published and is not precedent except under the limited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.

2

S C VIDAL OLIVEREZ, Dallas Police Department; BYRON FASSETT, Dallas

Police Department; GOVERNOR RICK PERRY; ATTORNEY GENERAL

GREGG ABBOTT; DALLAS COUNTY DISTRICT ATTORNEY’S OFFICE;

CATREAS TURNER; LASHAUNDA KING

Defendants-Appellees

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:06-CV-1903

No. 3:06-CV-1904

No. 3:06-CV-1095

Before PRADO, OWEN, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

Acie Gilkey, Jr., Texas prisoner # 1219076, moves to proceed in forma

pauperis (IFP) to appeal the dismissal of his consolidated 42 U.S.C. § 1983 suits

as frivolous and, alternatively, for failure to state a claim. The district court

denied Gilkey leave to proceed IFP on appeal, certifying that the appeal was not

taken in good faith for the reasons set forth in the magistrate judge’s report and

recommendation. Gilkey has failed to adequately brief the issues raised in the

district court’s certification decision. He therefore has not shown that the

district court’s determination that his appeal would be frivolous was incorrect.

See Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th

Cir. 1987). Consequently, his request for IFP is denied, and his appeal is

dismissed as frivolous. See Baugh v. Taylor, 117 F.3d 197, 202 n.24 (5th Cir.

1997); 5TH CIR. R. 42.2.

The district court’s dismissal of Gilkey’s consolidated complaints and this

court’s dismissal of his appeal count as two strikes under 28 U.S.C. § 1915(g).
No. 07-10782

3

See Adepegba v. Hammons, 103 F.3d 383, 387 (5th Cir. 1996). Gilkey

accumulated two other strikes in Gilkey v. Graves, No. 3:03-CV-497 (N.D. Tex.

Apr. 9, 2003), and Gilkey v. Dallas County District Attorney’s Office, No. 3:03-CV498 (N.D. Tex. Apr. 7, 2003). As Gilkey now has accumulated at least three

strikes, he is barred from proceeding IFP pursuant to § 1915 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. See § 1915(g).

IFP DENIED; APPEAL DISMISSED; 28 U.S.C. § 1915(g) BAR IMPOSED.