McQueen v. Turner Co ( 1995 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-50241
USDC No. WA-91-CV-315
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SYNNACHIA McQUEEN,
Plaintiff-Appellant,
versus
DAVID TURNER, COIII; GREG L. KLEPPER,
Officer; ROGELIO NAVARRO, COIII, Officer;
MICHAEL WISEMAN, COIII; DAVID H. McCULLOUGH, Lt.;
DENNIS POLK, Sgt.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Texas
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November 7, 1995
Before HIGGINBOTHAM, DUHÉ and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Synnachia McQueen's motion for leave to proceed in forma
pauperis (IFP) on appeal is DENIED.
McQueen appeals a jury verdict that Correctional Officers
David Turner and Greg Klepper did not use excessive force against
him in prison. McQueen contends that the district court erred by
denying his motion in limine; gave erroneous jury instructions
*
Local Rule 47.5 provides: "The publication of opinions
that have no precedential value and merely decide particular
cases on the basis of well-settled principles of law imposes
needless expense on the public and burdens on the legal
profession." Pursuant to that Rule, the court has determined
that this opinion should not be published.
No. 95-50241
-2-
regarding the Eighth Amendment and the defendants' good-faith
defense; failed to instruct the jury regarding his Fourteenth
Amendment and state-law claims; and erred by not admitting into
evidence an internal affairs report. McQueen also contends that
the defendants did not offer a non-discriminatory reason for
exercising a peremptory strike against the sole remaining black
venireperson and that the verdict was contrary to the evidence.
We have examined McQueen's motion and the record and have
concluded that all of the issues he raises for appeal are
frivolous. See Howard v. King, 707 F.2d 215, 220 (5th Cir.
1983). We have warned McQueen that frivolous appeals might
result in sanctions. We also have admonished McQueen to review
his pending appeals and withdraw any that are frivolous. We
reiterate our admonition to McQueen and warn him that any further
frivolous appeals will result in sanctions.
APPEAL DISMISSED. See 5TH CIR. R. 42.2.