Choyce v. Woods ( 1996 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40490
Conference Calendar
CLIFTON RAY CHOYCE,
Plaintiff-Appellant,
versus
LESLIE WOODS ET AL.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-95-CV-129
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October 23, 1996
Before POLITZ, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.
PER CURIAM:*
Clifton Ray Choyce, Texas prisoner #380334, appeals the
grant of summary judgment in favor of the defendants dismissing
his civil rights complaint. Choyce argues that the dismissal of
his complaint was in error because the defendants acted outside
the scope of the meal-service policy at issue when they denied
him food for failing to follow the policy, and because his due
process rights were violated when he was disciplined without
*
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that this opinion should not be published and is not precedent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. 96-40490
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prior notice for his failure to follow the policy.
The record supports the magistrate judge’s implicit
conclusion that the defendants acted within their authority in
enforcing the policy and that the consequences of Choyce’s
failure to follow that policy sufficiently were outlined. The
record also supports the conclusion that Choyce had knowledge
that he his misconduct was prohibited. Compare Reeves v.
Pettcox, 19 F.3d 1060, 1061 (5th Cir. 1994).
We caution Choyce that any additional frivolous appeals
filed by him will invite the imposition of sanctions. To avoid
sanctions, Choyce is further cautioned to review any pending
appeals to ensure that they do not raise arguments that are
frivolous.
AFFIRMED.