Gibson v. McCoy

                     UNITED STATES COURT OF APPEALS
                          FOR THE FIFTH CIRCUIT


                         _______________________

                               No. 96-40242
                             Summary Calendar
                         _______________________


                              DENNIS GIBSON,

                                                      Plaintiff-Appellant,

                                   versus

                 B.J. McCOY, Sheriff, Lamar County;
              DANNY PHILLIPS, Lamar County Jail Supt.;
      BERNARD MALONE, Medical Coordinator, Lamar County Jail,

                                                     Defendants-Appellees.


_________________________________________________________________

           Appeal from the United States District Court
                 for the Eastern District of Texas
                        USDC No. 3-95-CV-26
_________________________________________________________________

                             October 24, 1996

Before HIGGINBOTHAM, JONES, and STEWART, Circuit Judges.

PER CURIAM:*

            Dennis Gibson, #671892, argues that the district court

erred in dismissing as frivolous his claim that he was denied

access to legal materials and legal assistance.




     *
        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should not be published and is not precedent except under the limited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, the opinion of the district

court, and the briefs, and find that the dismissal of the complaint

as frivolous should be affirmed substantially for the reasons

adopted by the district court. See Gibson v. McCoy, No. 3:95-CV-26

(E.D. Tex. Oct. 26, 1995).

           Gibson also argues that the district court erred in

granting the defendants’ motion for summary judgment and dismissing

his claim that he was denied adequate medical care.             We have also

reviewed the record and the briefs with respect to this claim, and

determine that the district court did not err in granting summary

judgment in the defendants’ favor, substantially for the reasons

adopted by the district court. See Gibson v. McCoy, No. 3:95-CV-26

(E.D. Tex. Feb. 20, 1995).

           Finally, Gibson is hereby placed on notice that should he

continue   to   file   frivolous   lawsuits,   he   will   be    subject   to

sanctions by this court.

           AFFIRMED.




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