IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40444
Conference Calendar
ALFRED NEAL,
Plaintiff-Appellant,
versus
KENNETH SEBERT McCANN,
Defendant-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:95-CV-689
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October 23, 1996
Before POLITZ, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.
PER CURIAM:*
Alfred Neal, TDCJ #677631, appeals the dismissal of his
civil-rights action following a bench trial before a magistrate
judge. Neal contends that Officer Kenneth McCann used excessive
force against him and that prison officials did not follow prison
regulations when punishing him.
We have reviewed the record and the briefs of the parties
and we find no nonfrivolous contentions. We find Neal’s
*
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that this opinion should not be published and is not precedent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. 96-40444
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excessive-force contention frivolous for essentially the reasons
relied upon by the magistrate judge. See Neal v. McCann, No. 95-
CV-689 (E.D. Tex. Apr. 10, 1996). Neal can show no plain error
regarding his contention, raised for the first time on appeal,
that prison officials did not follow their own regulations when
punishing him. Failure of prison officials to follow their own
regulations does not give rise to a constitutional error.
Hernandez v. Estelle, 788 F.2d 1154, 1158 (5th Cir. 1986); see
Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1428 (5th
Cir. 1996)(en banc).
This appeal is frivolous. We caution Neal that any
additional frivolous appeals filed by him will invite the
imposition of sanctions. To avoid sanctions, Neal is further
cautioned to review any pending appeals to ensure that they do
not raise arguments that are frivolous.
APPEAL DISMISSED. 5TH CIR. R. 42.2. SANCTIONS WARNING
ISSUED.