IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-11185
Summary Calendar
AUDIE THOMAS MCGEE,
Plaintiff-Appellant,
versus
ARTHUR ENNS,
Defendant-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 7:97-CV-176
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May 27, 1998
Before JONES, SMITH, and STEWART, Circuit Judges.
PER CURIAM:*
Audie Thomas McGee, Texas prisoner # 508735, appeals from
the district court’s dismissal without prejudice of his 42 U.S.C.
§ 1983 action. McGee’s complaint was dismissed due to his
failure to supply the district court certified copies of his
prison trust account in accordance with 28 U.S.C. § 1915(a)(2)
and the district court’s orders. McGee’s brief does not
challenge the district court’s dismissal of his complaint based
upon his failure to file certified copies of his trust account,
*
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that this opinion should not be published and is not precedent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. 97-11185
-2-
and McGee has thus waived the only issue on appeal. See Yohey v.
Collins, 985 F.2d 222, 224-25 (5th Cir. 1993). Furthermore, the
district court’s dismissal without prejudice was not error. See
28 U.S.C. § 1915(a)(2); Fed. R. Civ. P. 41(b).
Furthermore, McGee's request for appointment for counsel is
DENIED.
The appeal is DISMISSED as frivolous. See 5TH CIR. R. 42.2.