UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-40394
Summary Calendar
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DON RAY WHITE,
Plaintiff-Appellant,
versus
WAYNE SCOTT; D. GROUNDS;
B. TEAL; JEFF CALFEE;
UNIDENTIFIED LARKINS;
UNIDENTIFIED SMITH,
Defendants-Appellees.
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Appeal from the United States District Court for the
Eastern District of Texas
(5:96-CV-15)
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August 1, 1996
Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Don Ray White, Texas prisoner #512713, appeals the district
court's dismissal of his 42 U.S.C. § 1983 action as frivolous under
28 U.S.C. § 1915(d). White argues that the breakfast food he
receives is constitutionally inadequate and constitutes cruel and
*
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opinion should not be published and is not precedent except under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.
unusual punishment in violation of the Eighth Amendment. We have
reviewed the record and the district court's opinion and find no
abuse of discretion. Ancar v. Sara Plasma, Inc., 964 F.2d 465, 468
(5th Cir. 1992).
White's appeal is without arguable merit and is thus
frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.
1983). Because his appeal is frivolous, it is DISMISSED. 5th Cir.
R. 42.2. White is cautioned that any future frivolous appeals
filed by him or on his behalf will invite the imposition of
sanctions. White is cautioned further 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.
2