IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40030
Summary Calendar
RODNEY J. GIBSON,
Plaintiff-Appellant,
versus
UNIDENTIFIED SHAW, Warden at Coffield Unit;
UNIDENTIFIED CARR, CO III at Coffield Unit;
UNIDENTIFIED ALLAN, CO III at Coffield Unit;
UNIDENTIFIED WILCOX, Sgt. at Coffield Unit;
TDC DIRECTOR, James A. Collins,
Defendants-Appellees.
Appeal from the United States District Court for the
Eastern District of Texas
(6:94-CV-129)
August 7, 1996
Before GARWOOD, JOLLY and DENNIS, Circuit Judges.*
PER CURIAM:
Rodney J. Gibson, #598104, appeals the judgment of the
district court dismissing his civil rights action with prejudice.
He argues that the district court should have considered his
*
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this opinion should not be published and is not precedent except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.
objections to the magistrate judge’s report and recommendation
following the evidentiary hearing, he was not given proper notice
of the evidentiary hearing, and Defendant Carr was not entitled to
qualified immunity. We have reviewed the record and Gibson’s brief
and conclude that Gibson has not demonstrated any error that
deprived him of his due process right of notice of the evidentiary
hearing. See Rodriguez v. Bowen, 857 F.2d 275, 276-77 (5th Cir.
1988). The motion for injunctive relief is DENIED.
The appeal is without arguable merit and thus frivolous. See
Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983); 5th Cir. R.
42.2. We caution Gibson that any additional frivolous appeals
filed by him or on his behalf will invite the imposition of
sanctions. To avoid sanctions, Gibson is further cautioned to
review all 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.
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