Centofanti v. Halliburton ( 1996 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-11191
Conference Calendar
__________________
JOSEPH CENTOFANTI,
Plaintiff-Appellant,
versus
LYLE G. HALLIBURTON,
Defendant-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:95-CV-219
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April 17, 1996
Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.
PER CURIAM:*
Joseph Centofanti appeals the dismissal of his 42 U.S.C.
§ 1983 complaint as frivolous pursuant to 28 U.S.C. § 1915(d).
Centofanti alleges that Lyle Halliburton, a guard in the Texas
Department of Criminal Justice, violated his constitutional
rights because Halliburton would not allow Centofanti to wear a
back brace on a bus ride to Galveston Hospital although
Centofanti had permission to wear the brace only during work.
A complaint filed in forma pauperis (IFP) may be dismissed
if the complaint is frivolous. 28 U.S.C. § 1915(d); Eason v.
Thaler, 14 F.3d 8, 9 (5th Cir. 1994). "An action is frivolous if
*
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that this opinion should not be published and is not precedent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. 95-11191
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it lacks an arguable basis either in law or in fact." Graves v.
Hampton, 1 F.3d 315, 317 (5th Cir. 1993) (quotations omitted). A
§ 1915(d) dismissal is reviewed for an abuse of discretion. Id.
"[A] prison official cannot be found liable under the Eighth
Amendment . . . unless the official knows of and disregards an
excessive risk to inmate health or safety; the official must both
be aware of facts from which the inference could be drawn that a
substantial risk of serious harm exists, and he must also draw
the inference." Farmer v. Brennan, 114 S. Ct. 1970, 1979 (1994).
The dismissal of Centofanti's complaint was not an abuse of
discretion. Centofanti's appeal is DISMISSED as frivolous. See
5th Cir. R. 42.2.
We caution Centofanti that any additional frivolous appeals
filed by him will invite the imposition of sanctions. To avoid
sanctions, Centofanti 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; SANCTION WARNING ISSUED.