IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40668
Conference Calendar
WILLIAM LEE,
Plaintiff-Appellant,
versus
JACK M. GARNER, Warden of Telford Unit;
KAREN BROWN, Lieutenant at Telford Unit;
ZALDA G. GLASS,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 5:96-CV-162
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December 11, 1996
Before WIENER, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
William Lee, Texas inmate #721936, appeals the dismissal as
frivolous of his civil rights complaint. He argues that the
defendants’ acts amounted to the denial of his right of access to
the courts, the defendants were required by Texas statute to
comply with his request for information, and, for the first time
on appeal, the defendants’ failure to supply the requested
*
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that this opinion should not be published and is not precedent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. 96-40668
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information amounted to the suppression of exculpatory evidence
and violation of Federal Rules of Criminal Procedure.** We have
carefully reviewed the appellate record. For essentially the
same reasons as relied upon by the district court in its order of
dismissal, see Lee v. Garner, No. 5:96cv162 (E.D. Tex. July 2,
1996), we conclude that the district court did not abuse its
discretion in dismissing the complaint as frivolous. See Denton
v. Hernandez, 504 U.S. 25, 33 (1992).
The appeal is without arguable merit and thus frivolous.
See 5th Cir. R. 42.2. We caution Lee that any additional
frivolous appeal filed by him will invite the imposition of
sanctions. To avoid sanctions, Lee is further cautioned to
review all pending appeals to ensure that they do not raise
arguments that are frivolous. All pending motions are DENIED.
APPEAL DISMISSED. SANCTION WARNING ISSUED. MOTIONS DENIED.
**
This last argument is patently frivolous and does not
amount to plain error. See Highlands Ins. v. National Union Fire
Ins., 27 F.3d 1027, 1031-32 (5th Cir. 1994) (applying plain-error
standard in civil case to issue raised for the first time on
appeal), cert. denied, 115 S. Ct. 903 (1995).