IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-11026
Conference Calendar
LEON MORGAN, JR.,
Plaintiff-Appellant,
versus
DALLAS POLICE DEP’T,
Defendant-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:96-CV-1808-X
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February 20, 1997
Before SMITH, EMILIO M. GARZA, and PARKER, Circuit Judges.
PER CURIAM:*
The motion of Leon Morgan, Jr., Texas prisoner #655073, for
leave to proceed in forma pauperis (IFP) on appeal is GRANTED.
Pursuant to the Prison Litigation Reform Act (PLRA), we assess no
initial partial filing fee against Morgan. However, Morgan
henceforth shall make monthly payments of twenty percent of the
preceding month’s income credited to his account. See 28 U.S.C.
§ 1915(b). The agency having custody of Morgan is directed to
forward payments from his prisoner account to the clerk of the
*
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that this opinion should not be published and is not precedent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. 96-11026
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district court each time the amount in his account exceeds $10
until the appellate filing fee of $105 is paid. Id.
We have reviewed Morgan’s brief and the record and we hold
for essentially the reasons stated by the magistrate judge and
adopted by the district court that the district court did not
abuse its discretion in dismissing Morgan’s complaint as
frivolous. Morgan v. Dallas Police Dep’t, No. 3-96-CV-1808-X
(N.D. Tex. Aug. 8 and 28, 1996). Morgan’s appeal is without
arguable merit and is DISMISSED as frivolous. See Howard v.
King, 707 F.2d 215, 219-20 (5th Cir. 1983). Morgan’s motion for
appointment of counsel is DENIED.
APPEAL DISMISSED. 5TH CIR. R. 42.2.