IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-30504
Conference Calendar
DAVID L. DAVIES,
Plaintiff-Appellant,
versus
RICHARD EDWARDS, JR., Sheriff, Jefferson
Davis Parish, ET AL.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 96-CV-1603
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June 17, 1998
Before DAVIS, PARKER, and DENNIS, Circuit Judges.
PER CURIAM:*
David L. Davies, Louisiana inmate #361176, appeals the
district court’s dismissal, with prejudice, for frivolousness of
his claims concerning unlawful detention and deprivation of
property. Davies argues the following issues which were
presented to the district court: the claims had not prescribed
because accrual occurred within the year from the date on which
he filed his suit, and the doctrine of contra non valentem agere
*
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that this opinion should not be published and is not precedent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. 97-30504
-2-
non currit praescripto applies to his case and prevented
prescription from running. For the first time on appeal Davies
argues the following: prescription cannot run against a
plaintiff who is incarcerated, and his claims involve continuing
torts which prevented prescription from running.
We have carefully reviewed these arguments and the appellate
record. We conclude that the district court did not abuse its
discretion in determining that Davies’ claims are frivolous
because they have prescribed. See McCormick v. Stalder, 105
F.3d 1059, 1061 (5th Cir. 1997). The issues raised for the first
time on appeal do not amount to plain error. See Highlands Ins.
v. National Union Fire Ins., 27 F.3d 1027, 1031-32 (5th Cir.
1994).
AFFIRMED.