Taylor v. Noblin

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-60698 Conference Calendar CHARLIE L. TAYLOR, Plaintiff-Appellant, versus J.T. NOBLIN; ARLEN B. COYLE; GRIFFIN CARDEN, Defendants-Appellees. -------------------- Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:01-CV-448-BN -------------------- February 20, 2002 Before JOLLY, JONES, and BENAVIDES, Circuit Judges. PER CURIAM:* Charlie L. Taylor, Mississippi prisoner # R6798, appeals the district court’s dismissal as frivolous, pursuant to 28 U.S.C. § 1915(e)(2)(B), of his lawsuit alleging that various federal clerks of court violated his constitutional rights by failing to provide him with free photocopies of requested documents. He argues that dismissal of the lawsuit was error. Taylor also contends, for the first time on appeal, that the appellees failed to acknowledge whether pleadings he had * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-60698 -2- attempted to file had been filed or destroyed, refused to file certain documents necessary for his appeals, and refused to provide him with a copy of the local rules. This court will not consider these newly raised arguments. See Shanks v. AlliedSignal, Inc., 169 F.3d 988, 993 n.6 (5th Cir. 1999); Burch v. Coca-Cola, 119 F.3d 305, 319 (5th Cir. 1997). The district court’s judgment is AFFIRMED for the reason that the appellees are entitled to absolute immunity because, as Taylor alleged, they acted pursuant to court policy of requiring a $.50 fee per page for all photocopies. See Tarter v. Hury, 646 F.2d 1010, 1013 (5th Cir. 1981); 28 U.S.C. § 1915(e)(2)(B)(iii). Taylor’s motions to supplement the record are DENIED. AFFIRMED; MOTIONS DENIED.