Du Vall v. USA

                IN THE UNITED STATES COURT OF APPEALS
                        FOR THE FIFTH CIRCUIT



                             No. 96-50027
                         Conference Calendar



DAVID D. DU VALL,

                                          Plaintiff-Appellant,


versus

UNITED STATES OF AMERICA, ET AL.,

                                          Defendants-Appellees.


                         - - - - - - - - - -
           Appeal from the United States District Court
                 for the Western District of Texas
                        USDC No. A-95-CV-331
                         - - - - - - - - - -
                           August 20, 1996
Before KING, DUHÉ, and DeMOSS, Circuit Judges.

PER CURIAM:*

     David D. Du Vall appeals from the district court’s grant of

summary judgment in favor of the Defendants and the dismissal of

his suit concerning the mistaken re-assignment of his rented post

office box.    We do not reach the merits of the appeal as Du

Vall's suit is facially frivolous, insubstantial, and

"insufficient to invoke the jurisdiction of a federal court."

Dilworth v. Dallas Cty. Commun. College Dist., 81 F.3d 616, 617

     *
        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that this opinion should not be published and is not precedent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. 96-50027
                               - 2 -

(5th Cir. 1996) (civil rights suit in which student complained of

receiving a "B" in English).    As Du Vall's suit was so patently

trifling as to fail to invoke federal jurisdiction, his appeal is

frivolous, and it is DISMISSED as such.    See 5TH CIR. R. 42.2.

     We caution Du Vall that any additional frivolous appeals

filed by him or on his behalf will invite the imposition of

sanctions.   To avoid sanctions, Du Vall is further cautioned to

review any pending appeals to ensure that they do not raise

arguments that are frivolous.

     APPEAL DISMISSED; SANCTION WARNING ISSUED.