Gilmore v. Hardin

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Nos. 96-50042 & 96-50073 USDC Nos. W-95-CV-173, 174 __________________

BARRY LYNN GILMORE,

Plaintiff-Appellant,

versus

WILLIAM J. HARDIN, Dr.,

Defendant-Appellee,

* * * * * * * * *

DAN SMITH, Sheriff; JOHNSON, Lt.; SHELLY HOWELL, Dr.; W.J. BRYAN, Jail Administrator; HARDIN, Dr.,

Defendants-Appellees.

- - - - - - - - - - Appeals from the United States District Court for the Western District of Texas - - - - - - - - - - July 11, 1996

Before HIGGINBOTHAM, SMITH and STEWART, Circuit Judges.

PER CURIAM:*

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 96-50042 & 96-50073 - 2 -

Barry Lynn Gilmore (Texas prisoner # 621324) seeks in forma

pauperis (IFP) status to appeal the district court's dismissal,

as frivolous, of his civil rights suits alleging deliberate

indifference to his medical needs. We have reviewed Gilmore's

contentions and the records and determined that his appeals are

frivolous. 28 U.S.C. § 1915(e)(2)(B)(i). Therefore leave to

appeal IFP is DENIED and the appeal is DISMISSED. Gilmore's

motion for the appointment of counsel on appeal is DENIED as

moot.

IFP DENIED; APPOINTMENT OF COUNSEL DENIED; APPEAL DISMISSED.