### I N THE UNI TED STATES COURT OF APPEALS FOR THE FI F TH CI RCUI T

No. 12-11140 Summary Calendar

ROBERT WALTER BONNER, Plaintiff-Appellant

v. DON ADAMS, Police Off i c e r ; ADAM KING, Police Officer; LARRY SPARKS, Police Officer, Defendants-Appellees

Appeal from the United States District Court f or the Northern District of Texas USDC No. 3:12-CV-4019

Before DeMOSS, PRADO, and OWEN, Circuit Judges. PER CURIAM: * Robert Walter Bonner, Texas p risoner # 1561662, seeks to appeal the dismissal of his 42 U.S.C. § 1 983 complaint against Burleson Police D epartment officers, Don Adams, L arry S parks, and Adam King. In his complaint, h e alleged th a t the officers conducted an illegal search and seizure on May 8, 2007, and improperly confiscated his property. The district court dismissed the c o mplaint U n i t e d S t a te s C o u rt o f A p p e al s

F i f t h C i rc u i t 

### F I L E D June 4, 2013 Ly l e W . Cay ce Clerk

* Purs uant to 5 T H C I R

. R

. 47. 5, the court has d eterm ined that this op inion should not be p ublis hed and is not p reced ent excep t und er the lim ited circum s tances s et forth in 5 T H C I R

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pursuant to 2 8 U.S.C. § 1915A(b)(1) as malicious be c a u s e i t duplicates the complaint in Bonner v. Bosworth , No. 3:10-CV-2150 (N.D. Tex. May 3, 2011). An action may b e dismissed as malicious if it duplicates claims raised by the same plaintiff in previous litigation. Pittman v. Moore , 980 F.2d 994, 994-95 (5th Cir. 1993); Wilson v. L ynaugh , 878 F .2d 846, 850 (5th Cir. 1989). The fact that Bonner was not proceeding in forma pauperis in the district court did not preclude the district court from dismissing his complaint as dupl i c a t iv e . See Pittman , 980 F.2d at 995. Bonner has not shown that the district court erred in dismissing his c omplaint a s duplicative because both the instant complaint and Bonner’s prior complaint involved “the same series o f events ” a n d c ontained allegations o f “many o f the s ame facts.” See Bailey v . Johnson , 846 F.2d 1019, 1021 (5th Cir. 1988). To the extent that Bonner argues that his compl a i n t s h ould not be considered duplicative and that he should be allowed t o proceed giv e n t hat he has shown that his s tate remedies were inadequate and that the “jurisdictional bar” relied u pon by the district court in dismissing his c laims in Bonner , No. 3:10-CV-2150, has been “resolved,” this argument is without merit. Even if it is assumed that the inadequacy of state court remedies can s erve as a gateway for refiling a previously unsucces s f u l f e deral action seeking r edress for the intentional deprivation of pr o p e rty by a state actor, Bonner has failed to show that his state remedies were in fact i n a d e q u a te. Se e Holloway v. Walker , 784 F.2d 1 287, 1293 (5th Cir. 1986). The judgment of the district court is affirmed. The district court’s dismissal of B o n n er’s § 1983 c omplaint counts as a strike under § 1915(g). See § 1915(g); Adepegba v. Hammons , 103 F.3d 383, 387- 88 (5th Cir. 1996). Bonner has two other strikes. See Bonner , No. 3:10-CV-2150; Bonner v. Bosworth , N o. 11-10560 (5th Cir. N ov. 23, 2011). B ecause Bonner has accumulated at least three s trikes, he may not proceed in f orma pauperis in any civil action or appeal filed in a court of the United States while he is incarcerated

or d e t ained i n any facili t y u n l e ss h e is under imminent d anger of serious
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physical injury. See § 1 915(g). H e i s al s o w a r n e d that any f uture frivolous or repetitive filings in this court or any court s ubject to this court’s jurisdiction will subject him to additional sanctions. Bonner should r eview all pending matters to ensure that they are not frivolous or repetitive and m ove to dismiss a ny that are frivolous or repetitive. AFFIRMED; § 1915(g) BAR IMPOSED.

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