* 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that this opinion should not be published and is not precedent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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-40601

Conference Calendar

 

IMAM ISA-AL-MASIH, also

known as Jarvis Clayton,

Plaintiff-Appellant,

versus

WILLIAM WAYNE JUSTICE, U.S. District

Judge, United States District Court,

Defendant-Appellee.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 6:97-CV-186

- - - - - - - - - -

December 9, 1997

Before BARKSDALE, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM:*

Imam Isa-Al-Masih, Texas prisoner #646468, appeals the

district court’s dismissal of his lawsuit against District Court

Judge Justice filed pursuant to the Religious Freedom Restoration

Act of 1993, 107 Stat. 1488, (former 42 U.S.C. § 2000bb et seq.)

("RFRA"). Isa-Al-Masih sued Judge Justice because Judge Justice

dismissed Isa-Al-Masih’s previous RFRA lawsuit for failure to
No. 97-40601

-2-

exhaust administrative remedies. The district court dismissed

the instant lawsuit as frivolous and for failure to state a claim

pursuant to 28 U.S.C. § 1915A(b)(1). 

Judges are entitled to absolute immunity from liability for

damages for acts performed in their judicial capacities. Dennis

v. Sparks, 449 U.S. 24, 27 (1980). This immunity is afforded to

judges in civil suits filed by dissatisfied litigants. See

Dennis, 449 U.S. at 31. The Supreme Court has held that RFRA is

an unconstitutional exercise of Congress’ authority under the

Constitution. See City of Boerne v. Flores, 117 S. Ct. 2157,

2172 (1997) (“RFRA contradicts vital principles necessary to

maintain separation of powers and the federal balance.”). 

Isa-Al-Masih’s appeal is without arguable merit, is

frivolous, and is DISMISSED. See Howard v. King, 707 F.2d 215,

219-20 (5th Cir. 1983). 

This is not the first complaint or appeal filed by Isa-AlMasih that has been dismissed as frivolous. See Clayton v.

Scott, No. 97-40483 (5th Cir. Jul. 31, 1997); see Imam-Isa alMasih v. Justice, No. 6:97-CV-186 (E.D. Tex. Apr. 22, 1997)

(district court dismissed complaint as frivolous and for failure

to state a claim). A prisoner may not

bring a civil action or appeal a judgment in

a civil action or proceeding under this

section if the prisoner has, on 3 or more

prior occasions, while incarcerated or

detained in any facility, brought an action

or appeal in a court of the United States

that was dismissed on the grounds that it is

frivolous, malicious, or fails to state a
No. 97-40601

-3-

claim upon which relief may be granted,

unless the prisoner is under imminent danger

of serious physical injury.

28 U.S.C. § 1915(g). Including the dismissal of this suit and

this appeal, Isa-Al-Masih has three "strikes." See Adepegba v.

Hammons, 103 F.3d 383, 386-88 (5th Cir. 1996). Therefore, except

for cases involving an imminent danger of serious physical

injury, § 1915(g) bars Isa-Al-Masih from proceeding further under

§ 1915. He may proceed in subsequent civil cases under the fee

provisions of 28 U.S.C. §§ 1911-14 applicable to everyone else.

Furthermore, this court has previously warned Isa-Al-Masih

of the possibility of sanctions for filing frivolous lawsuits. 

Accordingly, Isa-Al-Masih is barred from filing any pro se, in

forma pauperis, civil appeal in this court, or any pro se, in

forma pauperis, initial civil pleading in any court which is

subject to this court's jurisdiction, without the advance written

permission of a judge of the forum court or of this court; the

clerk of this court and the clerks of all federal district courts

in this Circuit are directed to return to Isa-Al-Masih, unfiled,

any attempted submission inconsistent with this bar.

Isa-Al-Masih’s motions for injunction and for injunction

pending appeal are DENIED.

APPEAL DISMISSED AS FRIVOLOUS; 28 U.S.C. § 1915(g) BAR

ORDERED; SANCTIONS IMPOSED; MOTIONS DENIED.