Mixon v. Hattenbach ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-41253
Conference Calendar
RONALD MIXON,
Plaintiff-Appellant,
versus
MICHELLE HATTENBACH; JASPER E. ARMWOOD;
DAVID M. BLACKWELL; LEPHER JENKINS; MARK A. DIAZ,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-97-CV-402
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April 10, 1998
Before JOLLY, JONES, and DUHÉ, Circuit Judges
PER CURIAM:*
Ronald Mixon, prisoner # 536575, appeals the dismissal of
his civil rights action as frivolous pursuant to 28 U.S.C.
§ 1915(e). Because Mixon’s case contained no arguable basis in
law or fact, it is frivolous, and the district court did not err
in dismissing it. See Siglar v. Hightower, 112 F.3d 191, 193
(5th Cir. 1997).
Mixon’s appeal is without arguable merit and therefore
frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.
*
Pursuant to 5TH CIR. R. 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that this opinion should not be published and is not precedent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 5TH CIR.
R. 47.5.4.
No. 97-41253
-2-
1983). Because the appeal is frivolous, it is DISMISSED. See
5th Cir. R. 42.2.
APPEAL DISMISSED.