IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-10478
Conference Calendar
FELIPE AGUIRRE,
Plaintiff-Appellant,
versus
HOWARD F. CLEMENT, Doctor;
HCA MEDICAL PLAZA HOSPITAL,
Defendants-Appellees.
- - - - - - - - - -
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:97-CV-135-R
- - - - - - - - - -
October 22, 1997
Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges.
PER CURIAM:*
Felipe Aguirre, federal prisoner # 24644-077, appeals the
district court’s dismissal of his Bivens action pursuant to 28
U.S.C. § 1915(e)(2)(B)(i). He argues that the district court
erred in finding that medical negligence is not cognizable in a
§ 1983 case. However, Aguirre does not challenge the district
court’s holding that his claim is time-barred, and thus, we do
not address the merits of his deliberate indifference claim. We
*
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that this opinion should not be published and is not precedent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. 97-10478
-2-
have reviewed the record and the district court's opinion and
find no issue of arguable merit. Accordingly, we dismiss the
appeal as frivolous. 28 U.S.C. § 1915(e)(2)(B)(i); Howard v.
King, 707 F.2d 215, 219-20 (5th Cir. 1983); 5th Cir. R. 42.2.
Aguirre’s motion for appointment of counsel is DENIED.
We caution Aguirre that any additional frivolous appeals
filed by him will invite the imposition of sanctions. To avoid
sanctions, Aguirre is further cautioned to review any pending
appeals to ensure that they do not raise arguments that are
frivolous because they have been previously decided by this
court.
APPEAL DISMISSED AS FRIVOLOUS; SANCTION WARNING ISSUED;
MOTION DENIED.