IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-10521
Summary Calendar
JOHN H. CLOUD,
Plaintiff-Appellant,
versus
JIMMY S. WEBB,
Defendant-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 7:97-CV-251
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November 24, 1998
Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.
PER CURIAM:*
John H. Cloud, Texas prisoner # 749521, 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). Cloud contends
that the district court erred in dismissing his claim that the
defendant caused his personal property and legal materials to be
lost and that the loss of his legal materials resulted in a denial
of his access to the courts. Cloud has identified no error in the
*
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that this opinion should not be published and is not precedent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. 98-10521
-2-
district court’s dismissal. See Cloud v. Webb, No. 7:97-CV-251
(N.D. Tex. April 8, 1998).
Cloud also argues that the district court abused its
discretion in denying his Rule 59(e) motion to alter and amend the
judgment in which he argued for the first time that prison
officials retaliated against him by, among other things, removing
his from a library job and placing him in a kitchen job without
consideration of his severe medical problems. The district court
did not abuse its discretion in refusing to allow Cloud to bring
claims seriatim after the entry of a final judgment in the instant
case. See Briddle v. Scott, 63 F.3d 364, 380 (5th Cir. 1995);
Southern Constructors Group v. Dynalectric Co., 2 F.3d 606, 612 &
n.25 (5th Cir. 1993).
Cloud’s motions to supplement the record are DENIED. Cloud’s
request for judicial notice is also DENIED.
Because Cloud’s appeal fails to present a nonfrivolous issue,
his appeal is DISMISSED as frivolous. See Howard v. King, 707 F.2d
215, 219-20 (5th Cir. 1983); 5th Cir. R. 42.2. Cloud is cautioned
that any future frivolous appeals or pleadings filed by him or on
his behalf will invite the imposition of sanctions. Cloud should
therefore review any pending appeals to ensure that they do not
raise arguments that are frivolous.
APPEAL DISMISSED; MOTIONS TO SUPPLEMENT RECORD DENIED; REQUEST
FOR JUDICIAL NOTICE DENIED; SANCTIONS WARNING ISSUED.