Everitt v. Young ( 1996 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-10900
Conference Calendar
WILLIE LOUIS EVERITT,
Plaintiff-Appellant,
versus
EVERETT YOUNG, Judge, 297th District Court,
Tarrant County, Texas,
Defendant-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:95-CV-573-Y
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April 18, 1996
Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.
PER CURIAM:*
This is an appeal from the district court’s dismissal of
appellant’s 42 U.S.C. § 1983 action as frivolous under 28 U.S.C.
§ 1915(d). Appellant argues that the state court judge failed to
provide him with a trial record and transcript, thereby denying
him access to the courts. Appellant seeks damages and
declaratory and injunctive relief requiring appellee to provide
him with the trial record and transcripts because he is indigent.
“Judicial officers are entitled to absolute immunity from claims
Pursuant to Local Rule 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.
No. 95-10900
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for damages arising out of acts performed in the exercise of
their judicial functions.” Boyd v. Biggers, 31 F.3d 279, 284
(5th Cir. 1994). Appellant’s claim for declaratory and
injunctive relief amounts to a request for a writ of mandamus
against a state official which is not authorized by § 1983. See
Moye v. Clerk, DeKalb County Superior Court, 474 F.2d 1275, 1276
(5th Cir. 1973).
We have reviewed the record, the district court’s opinion
and appellant’s brief, and conclude that appellant has failed to
raise a constitutional issue. Appellant’s appeal is frivolous
and is DISMISSED. Howard v. King, 707 F.2d 215, 219-20 (5th Cir.
1983); see 5th Cir. R. 42.2. We caution appellant that any
additional frivolous appeals filed by him will invite the
imposition of sanctions. To avoid sanctions, appellant is
further cautioned to review any pending appeals to ensure that
they do not raise arguments that are frivolous because they have
been previously decided by this court.
APPEAL DISMISSED; SANCTIONS WARNING ISSUED.