IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-40320
Conference Calendar
PAUL HAROLD RICE,
Petitioner-Appellant,
versus
DAVID LINE,
Defendant-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 3:00-CV-45
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December 11, 2001
Before HIGGINBOTHAM, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Paul Harold Rice, Texas prisoner # 900007, appeals the
district court’s dismissal of his 42 U.S.C. § 1983 complaint as
frivolous and for failure to state a claim. Rice, however, does
not argue that the district court’s decision was error, and,
instead, he moves this court to treat his 42 U.S.C. § 1983
complaint as a 28 U.S.C. § 2254 petition. Because he does not
argue that the district court’s decision was error, he has waived
that issue on appeal. See Yohey v. Collins, 985 F.2d 222, 225
(5th Cir. 1993).
*
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that this opinion should not be published and is not precedent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. 01-40320
-2-
This appeal is without arguable merit and is thus frivolous.
Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). Because
the appeal is frivolous, it is dismissed. 5th Cir. R. 42.2.
APPEAL DISMISSED; Motion to treat civil rights complaint as
federal habeas petition DENIED.