IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-50641
Conference Calendar
LUCRECIA LYNN MONROE,
Plaintiff-Appellant,
versus
LINDA AMENT, Senior Warden; E. CALDWELL, Building Major,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-96-CV-472
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December 9, 1998
Before DAVIS, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Lucrecia Lynn Monroe, Texas prisoner #422039, appeals from
the dismissal of her prisoner’s civil rights action as frivolous
and for failure to state a claim. Monroe contends that the
district court erred by dismissing her complaint. She argues
that prison officials failed to protect her despite knowing that
she and her cellmate were likely to fight.
A prisoner who seeks damages in an action that would
undermine the validity of a disciplinary proceeding that results
*
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that this opinion should not be published and is not precedent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. 98-50641
-2-
in the loss of good-conduct time must obtain the invalidation of
the verdict from the disciplinary proceeding before she has a
cause of action pursuant to 42 U.S.C. § 1983. Edwards v.
Balisok, 520 U.S. 641, 117 S. Ct. 1584, 1588-89 (1997). Monroe’s
disciplinary report indicates that she lost 30 days’ good-conduct
time and her grievance forms indicate that she has failed to
obtain the invalidation of the disciplinary proceeding in which
she was found guilty of fighting with Rose. R. 16, 21-28.
Monroe has no cause of action for damages.
Monroe’s appeal is without arguable merit and therefore is
frivolous. Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983).
We caution Monroe that future frivolous appeals, even appeals in
which she is not proceeding in forma pauperis (IFP)(which Monroe
is barred from doing pursuant to 28 U.S.C. § 1915(g) unless she
is under imminent danger of serious physical harm), may result in
sanctions, including monetary sanctions, against her. To avoid
the imposition of sanctions, Monroe is urged to review any
pending appeals and to withdraw any that are frivolous.
APPEAL DISMISSED. SANCTIONS WARNING IMPOSED.