IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-40027
Summary Calendar
DANIEL JOHN SHEEHAN,
Plaintiff-Appellant,
versus
NUECES COUNTY ET AL.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-97-CV-255
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December 8, 1998
Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.
PER CURIAM:*
Daniel John Sheehan, Texas prisoner # 426771, appeals the
magistrate judge’s dismissal of his civil rights complaint
pursuant to 29 U.S.C. § 1915A for failure to state a claim. See
28 U.S.C. § 636(c). Sheehan argues that the magistrate judge
erred in not allowing Sheehan to dismiss his complaint
voluntarily, in determining that the sheriffs could not be held
responsible on a theory of respondeat superior, by dismissing the
false arrest and false imprisonment claims against the sheriffs
*
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that this opinion should not be published and is not precedent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. 98-40027
-2-
and the counties, by adding defendants to the case and adding
back into the case defendants who had been dismissed, and in
concluding that the complaint failed to state a claim regarding
the seizure of Sheehan’s legal materials, and abused her
discretion by dismissing the complaint prior to service or
discovery and without allowing Sheehan to amend his pleadings,
and in concluding that the complaint failed to state a claim
regarding the seizure of Sheehan’s legal materials.
We have reviewed throughly the record, briefs, and arguments
and find no reversible error. We AFFIRM the dismissal of
Sheehan’s complaint essentially for the reasons stated by the
magistrate judge in Sheehan v. County of Gregg et al., U.S.D.C.
C-97-255 (S.D. Tex. Dec. 15, 1997). We are able to dispose of
the appeal on the record before us, Sheehan’s motion for a
transcript of the Spears** hearing at government expense is
DENIED.
The appeal is DISMISSED as frivolous. 5TH CIR. R. 42.2
**
Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985).