IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40737
Conference Calendar
WILLIE A. ROSS, JR.,
Plaintiff-Appellant,
versus
TIM WEST ET AL.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:95-CV-358
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October 24, 1996
Before POLITZ, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.
PER CURIAM:*
Willie A. Ross, Jr., Texas inmate #371414, appeals the
dismissal, as frivolous, of his civil rights complaint. Ross
argues that the defendants, by failing to provide a safe work
area for him, were deliberately indifferent toward him and thus
violated his right to be free from cruel and unusual punishment.
For essentially the same reasons as relied upon by the district
court in its order of dismissal, we detect no abuse of discretion
*
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that this opinion should not be published and is not precedent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. 96-40737
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in the court’s frivolousness determination. See Ross v. West,
No. 1:95cv358 (E.D. Tex. July 5, 1996).
This appeal is without arguable merit and is thus frivolous.
5th Cir. R. 42.2. It is DISMISSED. We caution Ross that any
additional frivolous appeals filed by him will invite the
imposition of sanctions. To avoid sanctions, Ross is further
cautioned to review all pending appeals to ensure that they do
not raise arguments that are frivolous because they have been
previously decided by this court.
APPEAL DISMISSED. SANCTION WARNING ISSUED.