Keener v. Graham

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-40452 Summary Calendar ROBERT WINDELL KEENER, Plaintiff-Appellant, versus MICHAEL L. GRAHAM, in his official capacity as the former District Attorney for the 145th Judicial District, Nacogdoches County; CLYDE W. HOWARD, III, in his official capacity as plaintiff’s court-appointed attorney; CARL FRANKLIN CONKLIN, in his official capacity as Deep East Texas Task Force legal advisor, Defendants-Appellees. Appeal from the United States District Court For the Eastern District of Texas (9:95-CV-189) December 9, 1997 Before POLITZ, Chief Judge, KING and DENNIS, Circuit Judges. PER CURIAM:* Robert Windell Keener, a Texas state prisoner, appeals the dismissal as * 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. frivolous of his 42 U.S.C. § 1983 claims brought against Michael Graham, the former prosecutor; Clyde Howard, his former defense attorney; and Carl Conklin, the legal advisor to the Deep East Texas Task Force. We review the court’s dismissal of Keener’s claims as frivolous for abuse of discretion. 1 For the reasons stated by the district court, which we adopt as our own, we conclude that Keener’s complaint was properly dismissed as frivolous. 2 The record persuades that Keener has pleaded his best case, and that a remand to permit him to amend his complaint would be of no avail. 3 The judgment appealed is AFFIRMED. 1 Denton v. Hernandez, 504 U.S. 25 (1992). 2 See Keener v. Graham, et al., No. 9; 95-CV-189 (E.D.Tex. March 25, 1997). 3 See Jacquez v. Procunier, 801 F.2d 789 (5th Cir. 1986). 2