IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-60317
Conference Calendar
CLEVELAND CLAY ARMOND,
Plaintiff-Appellant,
versus
TERRY CARNEY; PATTY LYNE CARNEY; JOHN DOE,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:97-CV-167WS
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December 9, 1997
Before BARKSDALE, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Cleveland Clay Armond, Mississippi prisoner #34189, appeals
the dismissal as frivolous of his pro se, in forma pauperis
civil-rights lawsuit against his former father-in-law, Terry
Carney; his ex-wife, Patty Lyne Carney; and her present husband,
identified only as John Doe (collectively referred to as “the
defendants”). Armond argues that the district court erred in
concluding that he had failed to allege any state action in
connection with his allegation that the defendants violated his
*
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that this opinion should not be published and is not precedent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. 97-60317
-2-
constitutional rights during the course of having his parental
rights judicially terminated.
Armond has failed to allege that the defendants acted under
the color of law, and his claim is therefore not actionable under
42 U.S.C. § 1983. See Adickes v. S.H. Kress & Co., 398 U.S. 144,
150 (1970). His appeal is without arguable merit and is
frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.
1983). Because the appeal is frivolous, it is dismissed. See
5th Cir. R. 42.2.
Armond is cautioned that the filing of any additional
frivolous lawsuits or appeals will result in his being barred
from proceeding in forma pauperis pursuant to the Prison
Litigation Reform Act, 28 U.S.C. § 1915(g).
DISMISSED.