IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-11361
Conference Calendar
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JULIO ANDRES ARRENDONDO,
Plaintiff-Appellant,
versus
GORDON TRUEBLOOD; JOSEPH R. CAPPS,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:96-CV-1702-G
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October 22, 1997
Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges.
PER CURIAM:*
Julio Andres Arrendondo, a federal prisoner (# 07200-097),
appeals the district court’s dismissal as frivolous of his civil
rights complaint, filed pursuant to Bivens v. Six Unknown Named
Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). The
complaint was dismissed following a Spears v. McCotter, 766 F.2d
179 (5th Cir. 1985), hearing.
*
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that this opinion should not be published and is not precedent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. 96-11361
-2-
The district court did not abuse its discretion in adopting
the magistrate judge’s conclusion that Arrendondo’s complaint,
which alleged that the defendants were deliberately indifferent
to his serious medical needs by failing to see that he underwent
surgery for a hernia, was frivolous. See Arrendondo v.
Trueblood, No. CA 3-96-CV-1702-G (N.D. Tex. Sept. 26, 1996);
Denton v. Hernandez, 504 U.S. 25, 31-34 (1992); Estelle v.
Gamble, 429 U.S. 97, 106 (1976).
AFFIRMED.