IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-50168
Conference Calendar
WILBERT ANTONIO COLEMAN, Pastor,
Plaintiff-Appellant,
versus
U.S. DEPARTMENT OF VETERANS AFFAIRS, South
Texas Veterans Health Care System,
Defendant-Appellee.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-97-CV-1381
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October 20, 1998
Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges.
PER CURIAM:*
Wilbert Antonio Coleman appeals the district court’s
dismissal of his complaint for want of subject-matter
jurisdiction. Coleman relies in part upon documents which were
not before the district court. We have not considered those
documents; our review is based upon the appellate record. See
United States v. Flores, 887 F.2d 543, 546 (5th Cir. 1989).
Coleman argues that the district court had jurisdiction over
his claims against the VA through 31 U.S.C. §§ 3729 and 3730.
*
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that this opinion should not be published and is not precedent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. 98-50168
-2-
The language of § 3729 does not support Coleman’s unique
interpretation of the statute to support a cause of action
against the government or its agencies. We have carefully
reviewed Coleman’s remaining arguments. Our independent review
of the appellate record reveals that the district court did not
err in concluding that there was no basis for entertaining the
suit in federal court. See Home Builders Ass’n v. City of
Madison, Miss., 143 F.3d 1006, 1010 (5th Cir. 1998).
This appeal is without arguable merit and thus frivolous.
It is DISMISSED. See 5TH CIR. R. 42.2.
Additionally, Coleman is warned that future frivolous
appeals will invite the imposition of sanctions. Coleman should
review any pending appeals to ensure that they do not raise
frivolous arguments.
APPEAL DISMISSED; SANCTION WARNING ISSUED.