IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-10644
Conference Calendar
RAYMOND CHARLES EARLY,
Plaintiff-Appellant,
versus
STATE OF TEXAS; JANICE WARDER, District
Court Judge; DALLAS COUNTY SHERIFF’S
DEPARTMENT; JOHN VANCE, District Attorney;
WILLIAM J. FAY, Attorney; DALLAS COUNTY,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:97-CV-2813-T
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December 10, 1998
Before DAVIS, DeMOSS and STEWART, Circuit Judges.
PER CURIAM:*
Raymond Charles Early, Texas prisoner # 801583, appeals the
district court’s dismissal of his 42 U.S.C. § 1983 civil rights
action as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and
(iii). Early argues that the district court erred in dismissing
his § 1983 action against Judge Janice Warder; John Vance, the
Dallas County District Attorney; and Williams J. Fay, his trial
attorney. He argues that due to the defendants’ negligence or
*
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that this opinion should not be published and is not precedent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. 98-10644
-2-
deliberate indifference, he remained incarcerated for ten days in
excess of his 180-day sentence. Early has not identified any
error in the district court’s dismissal. Early v. State of
Texas, No. 3:97-CV-2813-T (N.D. Tex. April 17, 1998). Early’s
appeal is without arguable merit. See Howard v. King, 707 F.2d
215, 219-20 (5th Cir. 1983). Accordingly, Early’s appeal is
DISMISSED. 5th Cir. R. 42.2. Early is advised that the district
court’s dismissal of his § 1983 action as frivolous and the
dismissal of his appeal as frivolous each constitute a “strike”
under the “three-strikes” provision of 28 U.S.C. § 1915(g).
APPEAL DISMISSED; SANCTIONS WARNING ISSUED.