UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

CHARLES CHAPMAN THAMER, II,

Plaintiff-Appellant,

v.

GORDON CAMPBELL, STEVE CORRY, Stake President, GORDON B. HINCKLEY, President, Church of Jesus Christ of Latter Day Saints, and HEBURT GURTS,

Defendants-Appellees.

Case No. 97-4174

(D.C. 97-CV-754)

(District of Utah)

ORDER AND JUDGMENT*

Before PORFILIO, KELLY, and HENRY, Circuit Judges.

Plaintiff Charles Thamer appeals the dismissal of his pro se civil rights complaint.1 The district court dismissed Mr. Thamer's complaint pursuant to 28 U.S.C. § 1915(g). According to that section, a prisoner may not bring a civil action in forma pauperis if on three or more prior occasions, while incarcerated, he or she "brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury." 28 U.S.C. § 1915(g).

Mr. Thamer has filed thirteen previous claims in the District of Utah, more than three of which were dismissed as frivolous. Furthermore, this Court has considered several of Mr. Thamer's previous cases. See Thamer v. Graf, No. 93-
4093, 1993 WL 340933 (10th Cir. Aug. 27, 1993) (affirming dismissal of "largely unintelligible" complaint); Thamer v. Neighbors, 91-4051, 1991 WL 172646 (10th Cir. Sept. 4, 1991) (affirming dismissal of complaint); see also Thamer v. Graf, No. 95-4192, 1996 WL 494308 (10th Cir. Aug. 30, 1996) (dismissing appeal of denial of "largely unintelligible" habeas petition). Thus, Mr. Thamer cannot proceed in forma pauperis unless he is under imminent danger of serious physical injury. The district court found that Mr. Thamer's complaint contained no allegations of imminent danger of serious physical injury.

We have reviewed the record on appeal, and to the extent that we can decipher it, we find no allegation of imminent danger of serious physical injury. Thus, the district court correctly dismissed Mr. Thamer's complaint. Accordingly, this appeal is hereby DISMISSED, and all pending motions are hereby DENIED. The mandate shall issue forthwith.

Entered for the Court,

Robert H. Henry

Circuit Judge