McKnight v. Lynaugh

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 95-21035 Conference Calendar __________________

JOHNNY MCKNIGHT,

Plaintiff-Appellant,

versus

JAMES A. LYNAUGH, Director, ET AL.,

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-94-CV-846 - - - - - - - - - - April 16, 1996 Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM:*

Johnny McKnight appeals the dismissal as frivolous of his

civil rights complaint which challenged the prison's integration

of two-cell housing as violative of his right under the First

Amendment. Because McKnight's right to exercise freely his

religious beliefs is outweighed by a legitimate penal interest,

the district court did not abuse its discretion in dismissing the

claim as frivolous. See Muhammad v. Lynaugh, 966 F.2d 901, 902

(5th Cir. 1992).

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 95-21035 -2-

McKnight's other issues -- alleged contravention of a

district court order in another case, consideration of additional

claims which McKnight failed to amend to his complaint, and the

lack of notice and opportunity to cure deficiencies before the 28

U.S.C. § 1915(d) dismissal -- have been considered. We conclude

that they are without merit.

McKnight's motions for transfer and for default are DENIED.

AFFIRMED.