IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-10182
Conference Calendar
RAYE ELLEN STILES,
Plaintiff-Appellant,
versus
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Defendant-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 6:95-CV-086-C
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August 22, 1996
Before KING, DUHÉ, and DeMOSS, Circuit Judges.
PER CURIAM:*
Raye Ellen Stiles appeals from the district court’s sua
sponte dismissal of her in forma pauperis complaint as frivolous
pursuant to 28 U.S.C. § 1915(d), the relevant portion of which
has since been redesignated as § 1915(e)(2)(B)(i) by § 804 of the
Prison Litigation Reform Act, Pub. L. No. 104-134, 110 Stat. 1321
(1996). She contends that the court abused its discretion by
failing to make a direct ruling as to whether the complaint, the
*
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that this opinion should not be published and is not precedent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. 96-10182
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claim, or the accompanying facts were frivolous or malicious.
We have reviewed the record and Stiles’ brief and we find no
abuse of discretion. As the district court made clear, Title VII
of the Civil Rights Act of 1964 does not confer any right of
action against the EEOC for challenges to its processing of a
claim. Gibson v. Missouri Pac. R.R., 579 F.2d 890, 891 (5th Cir.
1978), cert. denied, 440 U.S. 921 (1979).
Because Stiles’ complaint lacks an arguable basis in law, it
is frivolous. See Clark v. Green, 814 F.2d 221, 223 (5th Cir.
1987) (a frivolous appeal is one in which the claim advanced is
unreasonable or is not brought with a reasonably good faith
belief that it is justified). Because the appeal is frivolous,
it is DISMISSED. 5th Cir. R. 42.2.
We caution Stiles that any additional frivolous appeals
filed by her will invite the imposition of sanctions. To avoid
sanctions, Stiles is further cautioned to review any pending
appeals to ensure that they do not raise arguments that are
frivolous.
APPEAL DISMISSED. SANCTION WARNING ISSUED.