UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 99-40422

Summary Calendar

BERTRAND BROWN,

Plaintiff-Appellant,

versus

JAMES A. LYNAUGH, Director, Texas Department

of Criminal Justice, Institutional Division;

RANDY D. MCLEOD, Head Unit, Warden, Stiles 

Unit; REED SMITH, Assistant Warden, Stiles

Unit; ANTHONY COLLINS, Warden II, Stiles Unit;

ROBERT E. MORTIN, Major, Stiles Unit; WILBURN

GORE, Major, Stiles Unit; RAY BROOKINS, 

Lieutenant, Stiles Unit; LEE GLASS, Sergeant,

Stiles Unit; LOUISETTE DATRICE, Stiles Unit;

JEFFREY POPE, Stiles Unit; HELEN LATORRE, 

Sergeant, Stiles Unit; ROBERT D. COLLINS,

Sergeant, Stiles Unit; JEFFREY BALLANCE, 

Correctional Officer III, Stiles Unit; SHERRY

CORMIERPPS, Correctional Officer III, Stiles

Unit; MICHAEL DAVID, Correctional Officer III,

Stiles Unit; KENNETH L. BENNETT, Correctional 

Officer III, Stiles Unit; DAVID LEE, Correctional

Officer III, Stiles Unit; CHARLES WALDEN,

Correctional Officer III, Stiles Unit; WANDA

BRADBERRY, Correctional Charge Medical Nurse and 
 

*

 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

the Administrator Seg Medical Staff Personnel on 

the Stiles Unit; G. BABY, Personal property room 

TDC officer and the Staff on S.T.,

Defendant-Appellee.

Appeal from the United States District Court

For the Eastern District of Texas

USDC No. 1:94-CV-132

September 27, 2000

Before POLITZ, DAVIS, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Bertrand Brown, a Texas prisoner (# 296134), appeals the district court’s

dismissal of his 42 U.S.C. § 1983 complaint, without prejudice, for want of

prosecution, FED. R. CIV. P. 41(b), based on Brown’s failure to comply with its

order to pay an initial partial filing fee of $5.12 under the Prison Litigation

Reform Act (“PLRA”) amendments.

Brown has argued that the PLRA requirements did not apply to him

because he filed his complaint in 1994, before the PLRA’s April 26, 1996,
3

effective date, and he had been granted leave to proceed IFP under pre-PLRA

law. He has also summarily stated that, contrary to a statement of his inmate

trust account, he had no funds to pay the initial partial filing fee. 

Brown’s contention that the PLRA did not apply to him is incorrect. 

See Larson v. Scott, 157 F.3d 1030, 1032 (5th Cir. 1998). The district court did

not abuse its discretion in dismissing Brown’s complaint without prejudice for

failure to comply with its order under the PLRA. See id. 

Brown’s appeal is without merit and is frivolous. See Howard v. King,

707 F.2d 215, 219-20 (5th Cir. 1983). Because the appeal is frivolous, it is

DISMISSED. See 5TH CIR. R. 42.2. Our dismissal of this appeal counts as a

“strike” against Brown for purposes of 28 U.S.C. § 1915(g). See Adepegba v.

Hammons, 103 F.3d 383, 385-88 (5th Cir. 1996). Brown has already

accumulated two strikes in a prior case. Changes v. Vance, No. 99-40425 (5th

Cir. June 16, 2000) (unpublished). We caution Brown that he may not hereafter

proceed in forma pauperis 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. See 28 U.S.C. § 1915(g). 

APPEAL DISMISSED; § 1915(g) SANCTION IMPOSED.