Harrison v. TX Dept Criminal Jus ( 1996 )


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  •                       IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    _________________________
    No. 95-50632
    (Summary Calendar)
    _________________________
    ALVIN LEE HARRISON                                                           Plaintiff-Appellant,
    versus
    TEXAS DEPARTMENT OF
    CRIMINAL JUSTICE --
    INSTITUTIONAL DIVISION
    Defendant-Appellee.
    ____________________________________________________
    Appeal from United States District Court
    for the Western District of Texas
    (A-95-CV-27)
    __________________________________________________
    August 6, 1996
    Before JOLLY, JONES and STEWART, Circuit Judges.
    PER CURIAM:*
    Having reviewed the record on appeal, we AFFIRM the district court’s dismissal. We find
    that the district court did not abuse its discretion in holding that some of Harrison’s claims had no
    arguable basis in law. See Hicks v. Garner, 
    69 F.3d 22
    , 24 (5th Cir. 1995). We further find that,
    *
    Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published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.
    upon review de novo, the remainder of Harrison’s claims were properly dismissed for failure to state
    a claim upon which relief could be granted. See Blackburn v. City of Marshall, 
    42 F.3d 925
    , 931 (5th
    Cir. 1995); Piotrowski v. City of Houston, 
    51 F.3d 512
    , 514 (5th Cir. 1995); LaBounty v. Adler, 
    933 F.2d 121
     (2nd Cir. 1991). Further, we find that the imposition of sanctions was not an abuse of
    discretion given t hat Harrison filed this complaint in state court specifically to avoid the district
    court’s order that he refrain from filing any more frivolous claims. See Mayfield v. Kevenhagen, 
    941 F.2d 346
    , 348 (5th Cir. 1991).
    2