Allen v. Price

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 95-40984 Conference Calendar __________________

ROBERT LAMARR ALLEN, Plaintiff-Appellant,

versus

KEITH J. PRICE, Warden, Coffield Unit; JUDITH L. MERRILL, Correctional Officer II, Coffield Unit, Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:95-CV-607 - - - - - - - - - - June 26, 1996 Before HIGGINBOTHAM, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Robert Lamarr Allen, #636644, appeals from the district

court's dismissal of his civil rights complaint as frivolous

pursuant to 28 U.S.C. § 1915(d). We have reviewed the record and

the decision of the district court and find no abuse of

discretion. Accordingly, the judgment is AFFIRMED for

essentially the reasons stated by the magistrate judge and

adopted by the district court. Allen's request for appointment

of counsel is DENIED as moot.

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 95-40984 -2-

AFFIRMED.