Harris v. Barr

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-30698 Conference Calendar RAYMOND HARRIS, Plaintiff-Appellant, versus J. BARR, Captain, Officially and Individually; R. AUGUSTINE, CSO, Officially and Individually, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Middle District of Louisiana USDC No. 96-CV-359 - - - - - - - - - - August 14, 1997 Before KING, HIGGINBOTHAM, and DUHÉ, Circuit Judges. PER CURIAM:* Raymond Harris, # 85555, appeals the dismissal of his 42 U.S.C. § 1983 civil rights complaint. Harris argues that the district court erred in dismissing his § 1983 action pursuant to Sandin v. Conner, 115 S. Ct. 2293 (1995). We have reviewed the record and found no error in the reasoning of the district court. See Harris v. Barr, No. 96-CV-359 (M.D. La. Jun. 6, 1996). * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 96-30698 - 2 - Harris’ appeal is without arguable merit and, thus, frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). Because the appeal is frivolous, it is DISMISSED. See 5th Cir. R. 42.2. Harris is cautioned that any future frivolous appeals filed by him or on his behalf will invite the imposition of sanctions. Harris is cautioned further to review any pending appeals to ensure that they do not raise arguments that are frivolous. APPEAL DISMISSED; SANCTION WARNING ISSUED.