IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-10422
Summary Calendar
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WESLEY EUBANKS,
Plaintiff-Appellant,
versus
PARKER COUNTY, TEXAS,
Defendant-Appellee.
_________________________________________________________________
Appeal from the United States District Court for the
Northern District of Texas
USDC No. 4:96-CV-77-Y
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September 12, 1996
Before GARWOOD, JOLLY, and DENNIS, Circuit Judges.
PER CURIAM:*
Wesley Eubanks argues that the district court abused its
discretion in dismissing as frivolous his complaint seeking an
order directing the defendant, Parker County, Texas, to provide him
with the record of his state criminal proceedings at the state’s
expense.
*
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this opinion should not be published and is not precedent except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.
We have reviewed the record, including the state court
proceedings in which Eubanks sought a copy of the criminal
proceedings, and the district court’s decision, and AFFIRM the
dismissal of the complaint as frivolous, based on the district
court’s determination that Eubanks has no constitutional right to
a copy of his criminal trial record at the state’s expense in the
absence of making the requisite showing. See United States v.
MacCollum, 476 U.S. 317, 319 (1976).
Because we are affirming the dismissal of the complaint based
on the district court’s determination that Eubanks’ allegations do
not support an arguable constitutional violation, we need not
address the district court’s alternative determination that
Eubanks’ claim is barred by res judicata.
A F F I R M E D.
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