IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-30730
Conference Calendar
JEROME KENNON,
Plaintiff-Appellant,
versus
RICHARD SPINNER ET AL.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 96-CV-185-A
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October 24, 1996
Before POLITZ, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.
PER CURIAM:*
Jerome Kennon, Louisiana inmate #131818, appeals the
dismissal, as frivolous, of his civil rights suit. Our review of
the arguments and the appellate record reveals that, for
essentially the same reason as explained in the district court’s
order of dismissal, no abuse of discretion resulted by the
court’s frivolousness determination. See Kennon v. Spinner, No.
96-185-A-1 (M.D. La. May 23, 1996). For the first time on
*
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that this opinion should not be published and is not precedent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. 96-30730
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appeal, Kennon asserts that the one-year prescriptive period was
tolled by the voluntary dismissal of an earlier suit. We
perceive no error, plain or otherwise, by the district court’s
failure to detect a tolling of the prescriptive period. See La.
Civ. Code Ann. art. 3463 (West 1994).
The result of this appeal is obvious, and Kennon’s arguments
are without merit. The appeal is frivolous and is thus
DISMISSED. 5th Cir. R. 42.2.
Kennon has been warned of the consequences of bringing
frivolous appeals. See Kennon v. United States, No. 95-31175
(5th Cir. Feb. 8, 1996) (unpublished). The warning has gone
unheeded. Accordingly, Kennon is BARRED from filing any pro se,
in forma pauperis (IFP), civil appeal in this court without the
prior written approval of an active judge of this court. Further
he is BARRED from filing any pro se, IFP, civil pleading in any
court which is subject to this court’s jurisdiction, without the
advance written permission of a judge of the forum court. The
clerk of this court and the clerks of all federal district courts
subject to the jurisdiction of this court are directed to return
to Kennon, unfiled, any attempted submission inconsistent with
this bar.
APPEAL DISMISSED. SANCTIONS IMPOSED.