Lopez v. Tom Green Cty

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-10149 Conference Calendar JIM LOPEZ, a/k/a Santiago C. Lopez, Jr., Plaintiff-Appellant, versus TOM GREEN COUNTY, TX.; SAN ANGELO, TEXAS, CITY OF, and its Local Government Officials, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 6:95-CV-056-C - - - - - - - - - - August 21, 1996 Before KING, DUHÉ, and DeMOSS, Circuit Judges. PER CURIAM:* Jim Lopez (#427372) appeals the dismissal of his civil rights action as frivolous. Lopez’ claims against several state judges should have been dismissed under the doctrine of absolute immunity. See Boyd v. Biggers, 31 F.3d 279, 284 (5th Cir. 1994). Lopez does not deny that his complaint challenges the fact of his confinement. Lopez has failed to demonstrate that the district court abused its discretion in dismissing Lopez’ remaining claims * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 96-10149 - 2 - under the rule in Heck v. Humphrey, 114 S. Ct. 2364 (1994). See 28 U.S.C. § 1915(d), now § 1915(e)(2)(B)(i). Because the appeal is frivolous, it is DISMISSED. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983); 5th Cir. Rule 42.2. Lopez’ motion to expedite the appeal is DENIED AS MOOT. We caution Lopez that any additional frivolous appeals filed by him will invite the imposition of sanctions. To avoid sanctions, Lopez is further cautioned to review any pending appeals to ensure that they do not raise arguments that are frivolous. APPEAL DISMISSED. SANCTION WARNING ISSUED.