Kohler v. McAdams

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-20267 Conference Calendar EDWARD A. KOHLER, Plaintiff-Appellant, versus WILLIAM L. MCADAMS; APRIL L. SMITH, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-96-CV-3822 - - - - - - - - - - August 15, 1997 Before KING, HIGGINBOTHAM, and DUHÉ, Circuit Judges. PER CURIAM:* Edward Kohler, Texas prisoner # 540028, appeals the dismissal of his § 1983 complaint as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B). Because the defendants are immune from suit, dismissal under § 1915 was proper; Kohler’s claims against these defendants have no arguable basis in law. See Graves v. Hampton, 1 F.3d 315, 317-18 (5th Cir. 1993). * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 97-20267 -2- This appeal is frivolous. We caution Kohler that any additional frivolous appeals filed by him will invite the imposition of sanctions. To avoid sanctions, Kohler is further cautioned to review any pending appeals to ensure that they do not raise arguments that are frivolous. APPEAL DISMISSED. See 5th Cir. R. 42.2. SANCTION WARNING ISSUED.