IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-50492
Summary Calendar
PAUL EARL DORSEY,
Plaintiff-Appellant,
versus
JOHN E. STINE; D. MOYA;
MORGAN, Capt.,
Defendants-Appellees.
- - - - - - - - - -
Appeal from the United States District Court
for the Western District of Texas
USDC No. W-95-CV-334
- - - - - - - - - -
October 30, 1996
Before JONES, DeMOSS and PARKER, Circuit Judges.
PER CURIAM:*
Paul Earl Dorsey, Texas prisoner # 642562, appeals the
district court’s dismissal of his 42 U.S.C. § 1983 action as
frivolous under 28 U.S.C. § 1915(e)(2)(B)(i), formerly § 1915(d).
Dorsey argues that prison officials violated his due process
rights by imposing a lockdown without providing notice and a
hearing. Dorsey also argues that the meals he received during
*
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that this opinion should not be published and is not precedent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. 96-50492
- 2 -
the lockdown were nutritionally inadequate and did not contain
fresh fruit or condiments. We have reviewed the record and the
district court’s opinion and find no abuse of discretion in the
reasoning of the district court. Dorsey v. Stine, No. W-95-CV-
334 (W.D. Tex. June 20, 1995). Dorsey’s conclusional allegations
of weight loss raised for the first time on appeal are not
supported by evidence in the record and therefore are
insufficient to show that the meals he received during the
lockdown were nutritionally inadequate. See United States v.
Flores, 887 F.2d 543, 546 (5th Cir. 1989)(court will not enlarge
the record on appeal to include matters not presented to the
district court).
Dorsey’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. Dorsey is cautioned that any future frivolous
appeals filed by him or on his behalf will invite the imposition
of sanctions. Dorsey is cautioned further to review any pending
appeals to ensure that they do not raise arguments that are
frivolous.
APPEAL DISMISSED; SANCTION WARNING ISSUED.