IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-60362
Conference Calendar
PHILLIP STOKES,
Plaintiff-Appellant,
versus
EDWARD M. HARGETT; EDDIE LUCAS;
MADALYN THOMAS; SHARON MCFADDEN;
GRAY EVANS; LARRY HARDY; STAN ROBINSON;
RICKY MCCARTY; LYNN WARREN;
DORIS CALHOUN,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 4:95-CV-182-D-A
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August 20, 1996
Before KING, DUHÉ, and DeMOSS, Circuit Judges.
PER CURIAM:*
Phillip Stokes (Mississippi prisoner # 63917) appeals from
the district court's dismissal of his suit as precluded by the
doctrine of res judicata; nevertheless, he has abandoned any
challenge to the district court's reasons for dismissal by
*
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that this opinion should not be published and is not precedent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. 96-60362
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failing to brief it on appeal. Yohey v. Collins, 985 F.2d 222,
225 (5th Cir. 1993); Brinkmann v. Abner, 813 F.2d 744, 748 (5th
Cir. 1987).
Stokes does argue that the district court erred by not
conducting a hearing pursuant to Spears v. McCotter, 766 F.2d 179
(5th Cir. 1985). A Spears hearing is neither required nor
necessary. Stokes's appeal is frivolous and is DISMISSED as
such. 5TH CIR. R. 42.2.
We caution Stokes that any additional frivolous appeals
filed by him will invite the imposition of sanctions. To avoid
sanctions, Stokes is further cautioned to review any pending
appeals to ensure that they do not raise arguments that are
frivolous.
APPEAL DISMISSED; SANCTION WARNING ISSUED.