Hickson v. Kalmanov

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-10338
Conference Calendar
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JIMMY LEE HICKSON,
Plaintiff-Appellant,
versus
KALMANOV, Doctor,
Defendant-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 7:96-CV-50-X
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June 25, 1996
Before HIGGINBOTHAM, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Jimmy Lee Hickson, #500542, appeals the dismissal of his
civil rights action without prejudice for failure to pay his
prior monetary sanctions and failure to move for leave to file
his complaint. Hickson argues that the district court erred in
precluding him from filing his complaint without conducting an
inquiry to determine whether he is able to make payment. We have
reviewed the record and Hickson's brief and conclude that there
*
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that this opinion should not be published and is not precedent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. 96-10338
-2-
is no error. See Hickson v. Kalmanov, No. 7:96-CV-50-X (N.D.
Tex. Mar. 11, 1996).
The appeal is without arguable merit and thus frivolous.
See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983); 5th
Cir. R. 42.2. We caution Hickson that any additional frivolous
appeals filed by him or on his behalf will invite the imposition
of sanctions. To avoid sanctions, Hickson is further cautioned
to review all 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.