King v. Loya

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-40878
(Summary Calendar)
CLAY WEST KING,
Plaintiff-Appellant,
versus
M. LOYA; J. BRAGGS,
Defendants-Appellees.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
(USDC No. G-91-CV-455)
- - - - - - - - - -
April 16, 1996
Before GARWOOD, WIENER and PARKER, Circuit Judges.
PER CURIAM:*
This is an appeal from the district court’s order dismissing
appellant’s 42 U.S.C. § 1983 action as frivolous under 28 U.S.C.
§ 1915(d). Appellant contends that the defendants changed his
classification without justification; the defendants retaliated
against him for filing grievances and lawsuits by changing his
classification and by filing false disciplinary charges; the
defendants filed false or “bad” disciplinary charges against him;
a prison official unnamed in this action used excessive force
*
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that this opinion should not be published and is not precedent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.
against him; and some of his legal documents were lost or destroyed
when he was transferred to another unit. We have reviewed the
record and the appellant’s brief and find no abuse of discretion in
the dismissal. See Denton v. Hernandez, 504 U.S. 25, 31-32 (1992).
Accordingly, the appeal presents no issue of arguable merit and is
therefore frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th
Cir. 1983). Because the appeal is frivolous, it is dismissed. 5th
Cir. R. 42.2.
We caution appellant that any additional frivolous appeals
filed by him or on his behalf will invite the imposition of
sanctions. To avoid sanctions, appellant 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.
DISMISSED.
2