Randall v. Birmingham

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

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No. 95-40706

Conference Calendar

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WINFRED RAY RANDALL, Plaintiff-Appellant,

versus NEAL BIRMINGHAM, Defendant-Appellee.

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Appeal from the United States District Court for the Eastern District of Texas USDC No. 2:95-80

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February 29, 1996

Before GARWOOD, JONES, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:* Appellant appeals from the dismissal of his civil rights complaint as frivolous pursuant to 28 U.S.C. § 1915(d). He contends that the district court erred by determining that his complaint was barred by the two-year statute of limitations. We have reviewed the record, the magistrate judge's report and recommendation, and the district court's order, and find no reversible error. Accordingly, we affirm for essentially the reasons given by the district court. Randall v. Birmingham, No.

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Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 95-40706

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2:95-80 (E.D. Tex. Aug. 8, 1995). We caution Randall that any additional frivolous appeals filed by him or on his behalf will invite the imposition of sanctions. To avoid sanctions, Randall is further cautioned to review any pending appeals to ensure that they do not raise arguments that are frivolous.

AFFIRMED.