UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-30702
Summary Calendar
ERICO DAVIAS,
Plaintiff-Appellant,
versus
D.C. JENKINS; AL HAYNES; UNIT
MANAGER SHELDON; AL HAYES, Counselor;
JOHN DOE, Case Manager; JOHN DOE,
Records Clerk,
Defendants-Appellees.
Appeal from the United States District Court
For the Western District of Louisiana
(95-CV-1525)
December 17, 1996
Before POLITZ, Chief Judge, HIGGINBOTHAM and DeMOSS, Circuit Judges.
PER CURIAM:*
Erico Davias, a federal prisoner, appeals the dismissal with prejudice of his
action brought under the holding of Bivens v. Six Unknown Named Agents.1 His
*
Pursuant to Local Rule 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in Local Rule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.
1
403 U.S. 388 (1971).
inadequate medical care claim and the claims against all of the defendants other
than Warden D.C. Jenkins are deemed abandoned as they are not advanced on
appeal.2 The district court did not abuse its discretion in dismissing Davias’ action
under 28 U.S.C. § 1915(e)(2)(B)(i) as his allegations lack any reasonably arguable
basis in fact or law.3 The dismissal with prejudice was proper as the allegations
cannot be cured by an amendment.4
Davias’ assignment of error is wholly without merit. This appeal is
frivolous,5 and it is DISMISSED.6 Davias’ motions relative to additional briefing
and appointment of counsel are DENIED.
We caution Davias that any further frivolous appeals filed by him or on his
behalf will invite the imposition of the full panoply of sanctions. If he has any
other pending appeal(s), Davias is also cautioned to review it to ensure that it
presents nonfrivolous issues.
APPEAL DISMISSED. SANCTIONS WARNING ISSUED.
2
Brinkmann v. Abner, 813 F.2d 744 (5th Cir. 1987).
3
Denton v. Hernandez, 504 U.S. 25 (1992).
4
Graves v. Hampton, 1 F.3d 315 (5th Cir. 1993).
5
Howard v. King, 707 F.2d 215 (5th Cir. 1983).
6
Local Rule 42.2.
2