CHOYCE v. DOMINGUEZ

No. 97-41292.

160 F.3d 1068 (1998)

Clifton Ray CHOYCE, Plaintiff-Appellant, v. Daniel DOMINGUEZ, Sergeant; Luis D. Gutierrez; Dwight F. Morris, Jr., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 2, 1998.


Attorney(s) appearing for the Case

Clifton Ray Choyce, Beeville, TX, pro se.

Seth Byron Dennis, Asst. Atty. Gen., Austin, TX, for Defendants-Appellees.

Before KING, GARWOOD and HIGGINBOTHAM, Circuit Judges.


PER CURIAM:

Clifton Ray Choyce, Jr., a Texas prisoner, appeals the magistrate judge's order dismissing his pro se in forma pauperis civil rights suit, 42 U.S.C. § 1983, pursuant to the "three strikes rule" of the Prison Litigation Reform Act, 28 U.S.C. § 1915(g). We vacate the magistrate judge's order granting IFP status on appeal and remand for reconsideration in the light of this opinion.

I. FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff...

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