Jenkins v. Farris

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 95-21112 Conference Calendar __________________

GEORGE EARL JENKINS,

Plaintiff-Appellant,

versus

CHRISTOPHER FARRIS; H. WALLACE,

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. CA-H-95-3946 - - - - - - - - - - April 17, 1996 Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM:*

George Jenkins has appealed the district court's dismissal

without prejudice of his civil rights action. His sole

contention on appeal, that the district court lacked the inherent

authority to dismiss his appeal for lack of prosecution, is

frivolous. See McCullough v. Lynaugh, 835 F.2d 1126, 1127 (5th

Cir. 1988). Because the appeal is frivolous, it is DISMISSED.

See 5th Cir. R. 42.2.

We caution Jenkins that any additional frivolous appeals

filed by him will invite the imposition of sanctions. To avoid

sanctions, Jenkins is further cautioned to review all pending

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 95-21112 -2-

appeals to ensure that they do not raise arguments that are

frivolous because they have been previously decided by this

court.

APPEAL DISMISSED; WARNING ISSUED.