Davis v. Boyd

               IN THE UNITED STATES COURT OF APPEALS
                       FOR THE FIFTH CIRCUIT



                           No. 97-21009
                        Conference Calendar



RODNEY W. DAVIS,

                                         Plaintiff-Appellant,

versus

ROBERT D. BOYD; JAMES A. SIMPSON, Captain,

                                         Defendants-Appellees.

                       - - - - - - - - - -
          Appeal from the United States District Court
               for the Southern District of Texas
                      USDC No. CA-H-97-0885
                       - - - - - - - - - -
                        December 10, 1998

Before DAVIS, DeMOSS and STEWART, Circuit Judges.

PER CURIAM:*

     Rodney W. Davis, Texas prisoner # 379788, appeals the

district court’s dismissal of his 42 U.S.C. § 1983 civil rights

complaint as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).

Davis argues that Boyd’s actions in refusing to allow him to

appear at his disciplinary hearing and to present a written

statement violated due process.   He argues that Simpson violated

due process by placing him in pre-hearing detention without

written reasons.   We have reviewed the record and the district

court's opinion and find that the district court did not abuse

     *
        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that this opinion should not be published and is not precedent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. 97-21009
                                -2-

its discretion in dismissing Davis’s complaint as frivolous.

Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997).      Further,

we hold that Davis’s 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.

     We caution Davis that any additional frivolous appeals filed

by him or on his behalf will invite the imposition of sanctions.

To avoid sanctions, Davis is cautioned further to review any

pending appeals to ensure that they do not raise arguments that

are frivolous.

     APPEAL DISMISSED AS FRIVOLOUS; SANCTION WARNING ISSUED.