Stateum v. State of Mississippi

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-60240 Conference Calendar

EDWARD CHARLES STATEUM,

Plaintiff-Appellant,

versus

STATE OF MISSISSIPPI, The State of Mississippi; THE SCHOOL DEPARTMENT IN LAMBERT, MISS. 38643; JOB CORPS DEPARTMENT IN GULFPORT, MISS. 39501; COAHOMA COUNTY SHERIFF DEPARTMENT; SOCIAL SECURITY DISABILITY SERVICE DISTRICT OFFICE,

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Mississippi USDC No. 2:95CV145-B-B - - - - - - - - - - June 26, 1996 Before HIGGINBOTHAM, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Edward Charles Stateum appeals from the district court’s

dismissal of his 42 U.S.C. § 1983 action as frivolous under 28

U.S.C. § 1915(d). Stateum’s appeal is without factual or legal

basis and is thus frivolous. See Howard v. King, 707 F.2d 215,

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 96-60240 - 2 -

219-20 (5th Cir. 1983). Accordingly, his appeal is DISMISSED AS

FRIVOLOUS. 5th Cir. R. 42.2.

We caution Stateum that any additional frivolous appeals

filed by him or on his behalf will invite the imposition of

sanctions. To avoid sanctions, Stateum is cautioned further 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; SANCTION WARNING ISSUED.