Queen v. Thomas ( 1997 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-20292
Conference Calendar
TIMOTHY HUGH QUEEN,
Plaintiff-Appellant,
versus
TOMMY THOMAS, Sheriff; MARK KELLOR; G.E. ADAMS;
K.W. BERRY, Cap’t; E.F. LEE; J. FONTENO;
S. REDOCK; J. EVERSOLE; TEXAS COMM’N ON JAIL
STANDARDS; ROBERT ECKELS,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. CA-H-93-1349
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April 15, 1997
Before REAVLEY, DAVIS, and BARKSDALE, Circuit Judges.
PER CURIAM:*
The Prison Litigation Reform Act applies to this appeal.
See Strickland v. Rankin County Correctional Facility, 105 F.3d
972, 973-76 (5th Cir. 1997). Timothy Hugh Queen (#526808) has
complied with the certification requirements of the PLRA and his
motion for leave to proceed in forma pauperis is GRANTED.
*
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this opinion should not be published and is not precedent except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. 96-20292
-2-
Queen is ORDERED to pay an initial partial filing fee of
$0.67. Queen must also make monthly payments of 20% of the
preceding month’s income credited to his account. See 28 U.S.C.
§ 1915(b)(2). The agency having custody of Queen is ORDERED to
forward funds from Queen’s account to the clerk of the district
court in payment of the initial partial filing fee. Thereafter,
funds must be forwarded each time the amount in Queen’s account
exceeds $10, until the full filing fee of $105 is paid.
Queen has appealed the district court’s orders denying his
motion for class certification and granting the defendants’
motion for summary judgment. We have carefully reviewed the
brief and the record and find that the appeal is frivolous.
Because the appeal is frivolous, it is DISMISSED. See Howard v.
King, 707 F.2d 215, 219-20 (5th Cir. 1983); 5th Cir. R. 42.2.
We caution Queen that any additional frivolous appeals filed
by him will invite the imposition of sanctions. To avoid
sanctions, Queen is further cautioned to review any pending
appeals to ensure that they do not raise arguments that are
frivolous.
IFP GRANTED; FILING FEE ASSESSED; APPEAL DISMISSED; SANCTION
WARNING ISSUED.