Carter v. Ontiveros

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-50432 Summary Calendar ANTHONY L. CARTER, Plaintiff-Appellant, versus S. ONTIVEROS; J. PRESTAGE, Capt., Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. SA-95-CV-1239 - - - - - - - - - - January 31, 1997 Before GARWOOD, JOLLY and DENNIS, Circuit Judges: PER CURIAM:* Anthony L. Carter, # 694133, appeals the district court’s order dismissing his 42 U.S.C. § 1983 claim as frivolous under 28 U.S.C. § 1915(e)(2)(B)(I)(formerly § 1915(d)) and denying his motion for reconsideration. Having reviewed the record and Carter’s arguments on appeal, we affirm for essentially the same reasons stated by the district court. Carter v. Ontiveros, No. SA-95-CV-1239 (W.D. Tex. April 18, 1996, May 15, 1996). * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. AFFIRMED.