McCray v. McCormick ( 1996 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-50459
Conference Calendar
DONALD RAY MCCRAY,
Plaintiff-Appellant,
versus
MICHAEL J. MCCORMICK,
Defendant-Appellee.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-96-CV-137
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October 23, 1996
Before POLITZ, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.
PER CURIAM:*
Donald Ray McCray, # 620694, appeals the district court’s
dismissal of his 42 U.S.C. § 1983 civil rights complaint as
frivolous pursuant to 28 U.S.C. § 1915(d) (now (e)(2)(B)(i)). He
contends that Judge McCormick is not entitled to absolute
immunity. We have reviewed the record and the district court's
*
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that this opinion should not be published and is not precedent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. 96-50459
-2-
opinion and find no reversible error. See McCray v. McCormick,
No. A-96-CA-137-SS (W.D. Tex. Jun. 10, 1996). We further hold
that McCray’s appeal is frivolous and dismiss it pursuant to 5th
Cir. R. 42.2.
We remind McCray that in McCray v. Lower, No. 96-20516 (5th
Cir. Aug. 21, 1996), he was barred indefinitely by this court
from filing any pro se, in forma pauperis civil appeal in this
court, or any pro se, in forma pauperis initial civil pleading in
any court which is subject to this court’s jurisdiction, without
the advance written permission of a judge of the forum court, and
that the clerk of this court and the clerks of all federal
district courts in this Circuit are directed to return to McCray,
unfiled, any attempted submission inconsistent with this bar. We
consider this appeal only because it was filed before this bar
was imposed. To avoid additional sanctions, McCray should review
any pending appeals and withdraw any frivolous appeals
immediately.
APPEAL DISMISSED.