
    Earl ETIENNE, Plaintiff-Appellant, v. O. Kent ANDREWS; Wackenhut Correctional Corp.; Unknown Nurse, Defendants-Appellees.
    No. 03-30322
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Oct. 21, 2003.
    Earl Etienne, pro se, Louisiana Department of Public Safety & Corrections, Jackson, LA, for Plaintiff-Appellant.
    Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges.
   PER CURIAM:

Earl Etienpe, Louisiana state prisoner # 226474, appeals the dismissal of his pro se, in forma pauperis 42 U.S.C. § 1983 complaint as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)®. Etienne’s complaint lacks an arguable basis in law; the facts alleged cannot establish deliberate indifference to his medical needs. See Mendoza v. Lynaugh, 989 F.2d 191, 193 (5th Cir.1993); Varnado v. Lynaugh, 920 F.2d 320, 321 (5th Cir.1991). The appeal is frivolous and is therefore DISMISSED. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.1983); 5th Cir. R. 42.2.

The dismissal of this appeal and the district court’s dismissal each count as a “strike” for purposes of 28 U.S.C. § 1915(g). See Adepegba v. Hammons, 103 F.3d 383, 387-88 (5th Cir.1996). Etienne is WARNED that if he accumulates three strikes he may not proceed informa pauperis in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury. See 28 U.S.C. § 1915(g).

APPEAL DISMISSED AS FRIVOLOUS; SANCTIONS WARNING ISSUED. 
      
       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     