UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 97-10136
Summary Calendar
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JAMES ERIC LOFTON,
Plaintiff-Appellant,
versus
DAVID LOFTON, CO 3; JOSEPH LAUGHLIN; STANLEY H.
WENDELL, Lt.; KIMBERLY ADAMS; RONALD DREWRY;
CHARLES BELL, Asst. Warden; CRAIG RAINES,
Assistant Warden; JAMES McGONAGILL; MARIANNE
MUNSELLE; JOHN DOE; GARY L. JOHNSON, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL
DIVISION; JAIME QUINTANILLA, Captain; TERRY H. WORDEN;
SAMMY G. GOMEZ; ERIC HAMILTON; DARREN D. PORTER;
DEBBEE M. HARMS, Craft Shop Supervisor; CLIFTON
HOLLEY; SHERMAN L. ISENBURG, Lt.; GARY DODDS, Lt.;
MICHAEL EULENFELD; WADE S. HAYNES; BOBBY MORRISON,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
(1:96-CV-321)
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December 17, 1997
Before WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
James Eric Lofton, Texas prisoner # 616132, appeals an order
of the district court requiring him to pay, in monthly
* 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this opinion should not be published and is not precedent except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.
installments, the full filing fee in the district court to commence
his pro se, in forma pauperis civil rights action. The Prison
Litigation Reform Act (PLRA) amended 28 U.S.C. § 1915 to require a
prisoner seeking to bring a civil action to pay the full amount of
a filing fee. See § 1915(b)(1) and (2). The PLRA applies to this
case, and the district court did not err by assessing the full
filing fee. The motions for appointment of counsel, for injunctive
relief, and to expedite the appeal are DENIED.
Lofton’s 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. 5TH CIR. R. 42.2. We
caution Lofton that any additional frivolous appeals filed by him
or on his behalf will invite the imposition of sanctions. To avoid
sanctions, Lofton is further cautioned to review any pending
appeals to ensure that they do not raise arguments that are
frivolous.
APPEAL DISMISSED; MOTIONS DENIED; SANCTIONS WARNING ISSUED
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