Yarborough v. Trebble ( 1996 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40789
Summary Calendar
EDWARD J. YARBOROUGH,
Plaintiff-Appellant,
versus
CURTIS TREBBLE ET AL.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. CA-G-94-762
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December 5, 1996
Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Texas state prisoner Edward J. Yarborough, # 596173, appeals
the dismissal of his suit pursuant to 28 U.S.C. § 1915(d), now
recodified as 28 U.S.C. § 1915(e)(2)(B)(i). Yarborough contends
that the defendants were deliberately indifferent to his serious
medical needs and assigned him work that was inappropriate in
light of his medical condition. Having reviewed the record and
Yarborough’s brief, we hold that the appeal from the district
*
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that this opinion should not be published and is not precedent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. 96-40789
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court’s dismissal of the suit is frivolous. See Yarborough v.
Trebble, No. G-94-762 (S.D. Tex. July 29, 1996).
We warn Yarborough that any additional frivolous appeals
filed by him or on his behalf will invite the imposition of
sanctions. To avoid sanctions Yarborough 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.