IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40721
Summary Calendar
CURTIS LEON THOMAS, JR.,
Plaintiff-Appellant,
versus
THE TEXAS DEPT. OF CORRECTIONS, ET AL,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-95-CV-27
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December 17, 1996
Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Curtis Leon Thomas, #660149, appeals the dismissal of his
complaint as frivolous. Assuming Thomas had a constitutional
right not to have his mail delivered to or read by another
inmate, at most, Thomas has alleged negligence in the handling of
his mail. Negligence is not actionable under 42 U.S.C. § 1983.
Daniels v. Williams, 474 U.S. 327, 328 (1986). The district
court did not err in dismissing Thomas’ suit on the basis that
*
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that this opinion should not be published and is not precedent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. 96-40721
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the due process clause is not implicated by a state official’s
negligent act causing unintended loss of or injury to life,
liberty, or property. This appeal is frivolous.
We caution Thomas that any additional frivolous appeals
filed by him will invite the imposition of sanctions. To avoid
sanctions, Thomas is further cautioned to review any pending
appeals to ensure that they do not raise arguments that are
frivolous.
APPEAL DISMISSED. See 5th Cir. R. 42.2.
SANCTION WARNING ISSUED.