* Pursuant to 5 TH C IR . 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . 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 toNo. 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 aNo. 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.