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Jeremy Mundine v. Lieutenant Gustafson
669 F. App'x 247
| 5th Cir. | 2016
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Docket

*1 Before JONES, SMITH, and DENNIS, Circuit Judges.

PER CURIAM: [*]

*2 Case: 15-20525 Document: 00513706862 Page: 2 Date Filed: 10/05/2016

No. 15-20525

Jeremy Mundine, Texas prisoner # 1131861, moves for leave to appeal in forma pauperis (IFP) the dismissal of his 42 U.S.C. § 1983 suit pursuant to 28 U.S.C. § 1915(g). Mundine does not dispute that he has three strikes but argues that he should not be subject to the § 1915(g) bar because he is in imminent danger of serious physical injury. In support of his contention, he asserts that he was required to perform manual labor in violation of medical restrictions, and, as a result, he suffered severe pain, and his pre-existing back injury worsened. Mundine acknowledges that he received medical treatment, additional medical restrictions, and a new work assignment following his most recent injuries, but he insists that he remains in imminent danger.

Mundine’s allegations do not establish that he is in imminent danger of serious physical injury. See Baños v. O’Guin , 144 F.3d 883, 884-85 (5th Cir. 1998). Accordingly, his motion for leave to proceed IFP is DENIED, and his appeal is DISMISSED.

2

[*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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.

Case Details

Case Name: Jeremy Mundine v. Lieutenant Gustafson
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Oct 5, 2016
Citation: 669 F. App'x 247
Docket Number: 15-20525
Court Abbreviation: 5th Cir.
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