IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 96-60243
Summary Calendar
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LENARD G. GIBBS,
Plaintiff-Appellant,
versus
BOYD P. ATKINSON, Judge and Attorney
of Bolivar County, MS, ET AL.,
Defendants-Appellees.
_________________________________________________________________
Appeal from the United States District Court for the
Northern District of Mississippi
USDC No. 2:95-CV-66-B-B
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August 21, 1996
Before GARWOOD, JOLLY, and DENNIS, Circuit Judges.
PER CURIAM:*
Lenard G. Gibbs, Mississippi inmate #82242, appeals the
dismissal for frivolousness of his civil rights complaint. He
argues the following: 1) Boyd P. Atkinson rendered ineffective
assistance of counsel; 2) Atkinson violated Gibbs’s due process
rights; 3) Atkinson’s threats and the remaining defendants’
*
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this opinion should not be published and is not precedent except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.
inaction violated Gibbs’s Eighth Amendment rights. We have
carefully reviewed the arguments and the appellate record. For
essentially the same reasons as explained in the magistrate judge’s
report, we conclude that the district court did not abuse its
discretion in dismissing the complaint as frivolous. See Denton v.
Hernandez, 504 U.S. 25, 33 (1992).
This appeal is frivolous and is therefore DISMISSED. See 5th
Cir. R. 42.2. We caution Gibbs that any additional frivolous
appeals filed by him will invite the imposition of sanctions. To
avoid sanctions, Gibbs 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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