IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-50729
Summary Calendar
RICKY NEALS,
Plaintiff-Appellant,
versus
ELTON D. BROCK, ET AL.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-96-CV-006
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March 24, 1997
Before DAVIS, EMILIO M. GARZA, and STEWART, Circuit Judges.
PER CURIAM:*
The motion of Ricky Neals, Texas prisoner #639448, to
proceed in forma pauperis on appeal is GRANTED. Because Neals’
current balance in his prison account is $0.00, we assess no
initial partial filing fee against Neals. However, Neals
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 Neals 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that this opinion should not be published and is not precedent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. 96-50729
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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.
Concerning Neals’ contentions that prison officials failed
to protect him from his cellmates and that the officials were
deliberately indifferent to his serious medical needs, we have
reviewed Neals’ brief and the record, and we find that the
district court did not abuse its discretion by dismissing Neals’
civil rights complaint as frivolous pursuant to 28 U.S.C.
§ 1915(e)(2)(B)(i). Neals’ appeal is without arguable merit and
is DISMISSED as frivolous. See Howard v. King, 707 F.2d 215,
219-20 (5th Cir. 1983). Neals is cautioned that future frivolous
civil suits and appeals filed by him or on his behalf will invite
the imposition of sanctions. Neals 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.