Case Explained: Antwune Jenkins Plaintiff— v. Ariel M. Burks, Captain; D. Eason, Sergeant; Timothy R. Larsen, Sergeant Defendants—

Court: United States Court of Appeals for the Fifth Circuit

Filed: 2026-07-14

The Fifth Circuit denied the prisoner-appellant’s motion to proceed in forma pauperis and dismissed his appeal as frivolous. The court held that the appellant failed to demonstrate an arguable merit to his claims, specifically rejecting his arguments regarding the exhaustion of administrative remedies under the Prison Litigation Reform Act (PLRA) and the denial of his Rule 59(e) motion. Regarding the PLRA, the court found that while the appellant filed a timely grievance regarding property confiscation, he failed to exhaust claims related to excessive force because his grievance on those specific events was untimely. Additionally, the court noted that the district court’s denial of the post-judgment motion was based on the rehashing of arguments rather than the presentation of new evidence. Consequently, the appeal was dismissed without addressing the merits of the underlying constitutional claims regarding excessive force and retaliation, and the dismissal was recorded as a strike under 28 U.S.C. § 1915(g), warning the appellant that three strikes will bar future in forma pauperis filings while incarcerated unless he is in imminent danger of serious physical injury.

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