Pupo v. Carter

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 95-31184 Conference Calendar __________________

JOSE F. PUPO,

Plaintiff-Appellant,

versus

ALLEN CARTER; DORA RABALAIS; BURL CAIN, Acting Warden, Louisiana State Penitentiary; RICHARD L. STALDER, Warden, Louisiana State Penitentiary,

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Middle District of Louisiana USDC No. 95-CV-454 - - - - - - - - - - April 18, 1996 Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM:*

This is an appeal from the district court's dismissal as

frivolous pursuant to 28 U.S.C. § 1915(d) of appellant's civil

rights complaint. He contends that the district court erred by

dismissing his complaint as frivolous and by doing so when the

proceedings had been stayed previously by the magistrate judge.

We have reviewed the record and the district court's order and

find no reversible error. See Pupo v. Carter, et al., No. 95-CV-

454 (M.D. La. Oct. 18, 1995); 28 U.S.C. § 636(b).

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 95-31184 -2-

AFFIRMED.