Lowe v. Cantrell

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 96-10408 Conference Calendar __________________ RONALD DEAN LOWE, Plaintiff-Appellant, versus WELDON CANTRELL ET AL., Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 95-CV-1370-TG - - - - - - - - - - August 20, 1996 Before KING, DUHÉ, and DeMOSS, Circuit Judges. PER CURIAM:* Ronald Dean Lowe, Oklahoma inmate #219027, appeals the dismissal as frivolous of his civil rights complaint concerning the denial of medical care for a pretrial detainee and conspiracy thereof. We have carefully reviewed the record and Lowe's arguments. For essentially the same reasons upon which the district court relied, see Lowe v. Cantrell, No. 3:95-CV-1370-T (N.D. Tex. Mar. 28, 1996), we detect no abuse of discretion. See * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 96-10408 -2- Denton v. Hernandez, 504 U.S. 25, 33 (1992). Lowe's remaining arguments, such as the impartiality of the magistrate judge and the propriety of the dismissal without opportunity to amend and before service or discovery, are without merit. This appeal is frivolous and therefore is DISMISSED. See 5th Cir. R. 42.2. We caution Lowe that any additional frivolous appeals filed by him will invite the imposition of sanctions. To avoid sanctions, Lowe is further cautioned to review all pending appeals to ensure that they do not raise arguments that are frivolous. APPEAL DISMISSED. SANCTION WARNING ISSUED.