Robinson v. Dallas County Texas

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 96-10081 Conference Calendar __________________

LARRY LYNN ROBINSON,

Plaintiff-Appellant,

versus

DALLAS COUNTY, TEXAS,

Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 3:95-CV-2411 - - - - - - - - - - April 17, 1996 Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM:*

Larry Lynn Robinson appeals the district court's dismissal

with prejudice of his 42 U.S.C. § 1983 complaint pursuant to 28

U.S.C. § 1915(d) and the dismissal without prejudice of his

habeas claims for failure to exhaust state remedies. Robinson

contends that he has been unlawfully imprisoned because his

conviction violates the constitutional prohibition against double

jeopardy. Robinson's § 1983 claims are legally frivolous because

they question the validity of his conviction and his conviction

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 96-10081 -2-

has not been declared invalid pursuant to Heck v. Humphrey, 114

S. Ct. 2364, 2372 (1994). Boyd v. Biggers, 31 F.3d 279, 283 (5th

Cir. 1994). Robinson admits that he has not exhausted state

remedies regarding his habeas claims. See 28 U.S.C. § 2254(b).

Accordingly, Robinson's appeal is frivolous and should be

dismissed for the reasons adopted by the district court. See 5th

Cir. R. 42.2. Robinson v. Dallas County, No. 3:95-CV-2411 (N.D.

Tex. Dec. 19, 1995). Robinson's motion to investigate his

criminal history is DENIED.

We caution Robinson that any additional frivolous appeals

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

sanctions, Robinson is further cautioned to review any pending

appeals to ensure that they do not raise arguments that are

frivolous because they have been previously decided by this

court.

APPEAL DISMISSED; SANCTIONS WARNING ISSUED; MOTION DENIED.