Gill v. Thornton

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-11478 Conference Calendar ANTHONY E. GILL, Plaintiff-Appellant, versus R.E. THORNTON, Visiting Judge, Tarrant County, Texas, Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:96-CV-747-E - - - - - - - - - - June 17, 1997 Before SMITH, STEWART, and DENNIS, Circuit Judges. PER CURIAM:* Anthony E. Gill, Texas prisoner #647051, appeals the dismissal as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) of his civil rights complaint. Gill contends that Texas trial court judge R.E. Thornton improperly presided over his state trial as the court was without jurisdiction. We have reviewed the record and Gill’s brief, and we conclude that Gill’s appeal * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 96-11478 - 2 - is without arguable merit. See Gill v. Thornton, No. 4:96-CV- 747-E (N.D. Tex. Nov. 15, 1996). The appeal is DISMISSED as frivolous. See 5th Cir. R. 42.2. Gill’s motion to file a supplemental brief is DENIED. We caution Gill that any additional frivolous appeals filed by him will invite the imposition of sanctions. To avoid sanctions, Gill is further cautioned to review any pending appeals to ensure that they do not raise arguments that are frivolous. APPEAL DISMISSED; MOTION DENIED; SANCTIONS WARNING ISSUED.