IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-31012
Summary Calendar
O.D. VAN DUREN,
Plaintiff-Appellant,
versus
CLERK ET AL.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 96-CV-2189-C
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April 21, 1997
Before KING, JOLLY, and DENNIS, Circuit Judges
PER CURIAM:*
The motion of O.D. Van Duren, Texas prisoner #667233, to
proceed in forma pauperis on appeal is GRANTED. Because Van
Duren’s current balance in his prison account is $0.00, we assess
no initial partial filing fee. However, Van Duren 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).
*
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that this opinion should not be published and is not precedent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. 96-31012
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The agency having custody of Van Duren is directed to forward
payments from his prisoner account to the clerk of the district
court each time the amount in his account exceeds $10 until the
appellate filing fee of $105 is paid. Id.
Concerning Van Duren’s contentions that various deputy
clerks of this court violated his right of access to the courts,
we have reviewed Van Duren’s brief and the record, and we find
that the district court did not abuse its discretion by
dismissing Van Duren’s complaint as frivolous pursuant to 28
U.S.C. § 1915(e)(2)(B)(I). Van Duren’s appeal is without
arguable merit and is DISMISSED as frivolous. See Howard v.
King, 707 F.2d 215, 219-20 (5th Cir. 1983). Van Duren is
cautioned that future frivolous civil suits and appeals filed by
him or on his behalf will invite the imposition of sanctions.
Van Duren is further cautioned to review any pending suits and
appeals to ensure that they do not raise arguments that are
frivolous.
APPEAL DISMISSED; SANCTIONS WARNING ISSUED. 5th Cir. R.
42.2.