King v. Scott

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-40447 Conference Calendar KELJER KING, Plaintiff-Appellant, versus WAYNE SCOTT, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION; UNIDENTIFIED TROUT, Doctor, Coffield Unit; KEITH J. PRICE, Warden, Coffield Unit; WINDHAM SCHOOL DIRECTOR, Texas Department of Criminal Justice, Institutional Division; GEORGE BUSH, JR, Governor, State of Texas; NOEL J. WINNER, LT, Law Library, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:97-CV-44 - - - - - - - - - - August 15, 1997 Before KING, HIGGINBOTHAM, and DUHÉ, Circuit Judges. PER CURIAM:* Keljer King appeals the dismissal of his 42 U.S.C. § 1983 action as frivolous. The claim that a constitutional violation results when inmates in a higher classification status receive greater privileges was rejected by this court in Mikeska v. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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 No. 97-40447 -2- Collins, 900 F.2d 833, 837 (5th Cir. 1990), opinion withdrawn and superseded on rehearing and reinstated in part by, 928 F.2d 126 (5th Cir. 1991). Appellant's race discrimination claim is general and conclusory and without factual support; it is therefore insufficient to sustain a § 1983 lawsuit. See Whittington v. Lynaugh, 842 F.2d 818, 821 (5th Cir. 1988). The district court did not err in dismissing the complaint as frivolous. This appeal is frivolous and is therefore dismissed. We caution King that any additional frivolous appeals filed by him will invite the imposition of sanctions. To avoid sanctions, King is further cautioned to review any pending appeals to ensure that they do not raise arguments that are frivolous. APPEAL DISMISSED; SANCTION WARNING ISSUED. 5th Cir. R. 42.2.