Tyree v. Fitzwater

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 96-10265 Conference Calendar __________________

JEFFREY WAYNE TYREE,

Plaintiff-Appellant,

versus

SIDNEY A. FITZWATER; UNITED STATES DEPARTMENT OF JUSTICE,

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 3:96-CV-297-R - - - - - - - - - - June 27, 1996 Before HIGGINBOTHAM, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Texas prisoner Jeffrey Wayne Tyree, # 0138675, appeals the

dismissal of his civil rights suit challenging the judicial acts

of Judge Fitzwater. For the reasons adopted by the district

court, we conclude that the appeal is frivolous. Tyree v.

Fitzwater, No. 3:96-CV-0297-R (N.D. Tex. Mar. 6, 1996). The

appeal is dismissed as such. 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* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 96-10265 -2-

219-20 (5th Cir. 1983); 5th Cir. R. 42.2. We caution Tyree that

any additional frivolous appeals filed by him will invite the

imposition of sanctions. To avoid sanctions, Tyree 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. SANCTION WARNING ISSUED.