Beard v. State of Texas ( 1996 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 96-10122
(Summary Calendar)
__________________
JOHN DOWD BEARD,
Plaintiff-Appellant,
versus
STATE OF TEXAS; DISTRICT ATTORNEY'S
OFFICE, Dallas County; ET AL.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
(USDC No. 3:94-CV-2619-D)
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May 15, 1996
Before GARWOOD, WIENER and PARKER, Circuit Judges.
PER CURIAM:*
Appellant John Beard contends that the district court abused
its discretion by dismissing his civil rights action as frivolous
pursuant to 28 U.S.C. § 1915(d). Beard's contention that the
district court erred by relying on his answers to interrogatories
has no arguable merit. See Eason v. Thaler, 14 F.3d 8, 9 (5th Cir.
1994). His claim that he is entitled to relief because he was
*
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that this opinion should not be published and is not precedent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.
arrested on a charge of possessing more than 28 grams of cocaine
with intent to deliver, but indicted for and convicted of such
possession involving only one-half gram of cocaine, lacks merit as
a matter of law. See United States v. Saunders, 476 F.2d 5, 7 (5th
Cir. 1973); Eason, id.2
JUDGMENT AFFIRMED.
2
Beard's motion to supplement his brief is granted.
2