326 F. App'x 304

Freddie Monroe PICKETT, Plaintiff-Appellant v. J.C. SLAWSON; H. Abdal Khallaq; Officer G. Gibson; S. Brown; T. Spigner; Head Officer Parole Division; Pamela Webb, Defendants-Appellees.

No. 08-10900

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

June 2, 2009.

Freddie Monroe Pickett, Texas Department of Criminal Justice, Pampa, TX, for Plaintiff-Appellant.

Appeal from the United States District Court for the Northern District of Texas, USDC No. 4.-08-CV-67.

Before SMITH, STEWART, and SOUTHWICK, Circuit Judges.

PER CURIAM: *

Freddie Monroe Pickett, Texas prisoner # 1445772, appeals the dismissal of his 42 U.S.C. § 1983 complaint filed in 2007. The district court determined that Pickett’s complaint, challenging the 2004 revocation of his parole, was barred by the two-year statute of limitations. Accordingly, it dismissed the complaint pursuant to 28 U.S.C. § 1915A(b)(l), or alternatively Sections 1915(e)(2)(B)(i) and (ii).

Pickett has not adequately briefed any challenge to the determination that his complaint was time barred and, thus, has abandoned the sole issue for appeal. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.1993). Pickett’s appeal is without arguable merit and is DISMISSED as frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.1983); 5th Cir. R. 42.2. The district court’s dismissal and the dismissal of this appeal count as two strikes for purposes of Section 1915(g). Adepegba v. Hammons, 103 F.3d 383, 387 (5th Cir.1996). Pickett is WARNED that if he accumulates three strikes, he will no longer be allowed to proceed informa pauper-is in any civil action or appeal filed while he is detained or incarcerated in any facility unless he is in imminent danger of serious physical injury. See 28 U.S.C. § 1915(g).

Pickett has not established that his appeal presents the sort of exceptional circumstances warranting the appointment of counsel. See Cooper v. Sheriff, Lubbock County, Tex., 929 F.2d 1078, 1084 (5th Cir.1991). Accordingly, his motion for appointment of appellate counsel is DENIED. Because Pickett has filed a brief, his motion for an extension of time to file a brief is DENIED.

Pickett v. Slawson
326 F. App'x 304

Case Details

Name
Pickett v. Slawson
Decision Date
Jun 2, 2009
Citations

326 F. App'x 304

Jurisdiction
United States

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