IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 16-30592

Summary Calendar 

MOHAMMED AHMED HASSAN ABDALLAH OMRAN, 

Plaintiff-Appellant 

v. 

NICOLE ROY; UNKNOWN DEFENDANT; UNITED STATES OF AMERICA; 

STEPHANIE FINLEY, in her personal and official capacity; SCOTT 

SUTTERFIELD, in his personal and official capacity, 

Defendants-Appellees 

Appeals from the United States District Court 

for the Western District of Louisiana 

USDC No. 1:16-CV-42

Before CLEMENT, PRADO, and HIGGINSON, Circuit Judges.

PER CURIAM:*

Mohammed Ahmed Hassan Abdallah Omran, immigration detainee 

# A079680001, former federal prisoner # 12752-049, and former Louisiana 

prisoner # 121227, filed a civil action raising claims under the Federal Tort 

Claims Act and Bivens v. Six Unknown Named Agents of Federal Bureau of 

Narcotics, 403 U.S. 388 (1971). Omran later filed motions for a temporary 

 

* 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

Fif h Circuit

FILED

March 17, 2017

Lyle W. Cayce

Clerk

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No. 16-30592

2 

restraining order (TRO) and a preliminary injunction. Omran asked the 

district court to order the United States to stop trying to deport him until the 

conclusion of his civil lawsuit. He also complained that he had been denied 

access to the law library at the correctional facility where he was housed and 

asked the court to order the United States and other named defendants to 

provide him with legal assistance and “adequate, effective, and meaningful” 

access to the court. The district court denied the motions for a TRO and for

injunctive relief. 

Omran appealed the denial of his motions. He also filed an application 

to proceed in forma pauperis (IFP) on appeal. The magistrate judge denied 

IFP status, determining that Omran had three strikes under 28 U.S.C. 

§ 1915(g).

Omran now moves this court for leave to proceed IFP on appeal. A 

prisoner may not proceed IFP in an appeal of a judgment in a civil action if the 

prisoner has, on three or more prior occasions, while incarcerated or detained 

in any facility, brought an action or appeal that was dismissed as frivolous or 

malicious or for failure to state a claim upon which relief may be granted, 

unless the prisoner is under imminent danger of serious physical injury. 

§ 1915(g). Omran does not dispute the district court’s finding that he had three 

strikes under § 1915(g). He also fails to make a claim of imminent danger in 

his brief; instead he merely rehashes the facts that gave rise to his civil 

complaint. Although this court liberally construes the briefs of pro se litigants, 

arguments must be briefed to be preserved. Yohey v. Collins, 985 F.2d 222, 

225 (5th Cir. 1993).

Because Omran has not made the showing required to overcome the 

§ 1915(g) bar, his request to proceed IFP on appeal is DENIED and his appeal 

is DISMISSED as frivolous. See 5TH CIR. R. 42.2; Baugh v. Taylor, 117 F.3d 

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197, 202 n.24 (5th Cir. 1997). The dismissal of this appeal as frivolous counts 

as yet another strike under § 1915(g). Adepegba v. Hammons, 103 F.3d 383, 

385-87 (5th Cir. 1996). 

Because Omran has accumulated at least three strikes under § 1915(g), 

he is barred from proceeding 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. § 1915(g). Omran is also warned 

that sanctions may be imposed in response to future frivolous filings. 

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

IMPOSED; SANCTION WARNING ISSUED. 

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