United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT July 27, 2006
Charles R. Fulbruge III
Clerk
No. 05-40744
Summary Calendar
DOUGLAS ALAN BURDEN,
Plaintiff-Appellant,
versus
MITCH G. WOODS, Sheriff; U.P. CASSIDY, Captain; M. HEBERT,
Deputy; U.P. MORGAN, Sergeant; U.P. VEGA, Deputy,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:04-CV-339
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Before SMITH, DeMOSS, PRADO, Circuit Judges.
PER CURIAM:*
Douglas Alan Burden, Texas prisoner # 1160832, appeals the
dismissal without prejudice as repetitious of his 42 U.S.C.
§ 1983 suit. Given that the access-to-the-courts claim Burden
raised therein is currently pending in Burden v. Jefferson
County, No. 1:03-CV-233, the district court did not abuse its
discretion in dismissing the suit without prejudice. See FED.
R. CIV. P. 41(a)(2); Elbaor v. Tripath Imaging, Inc., 279 F.3d
*
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this opinion should not be published and is not precedent except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. 05-40744
-2-
314, 319-20 (5th Cir. 2002). The dismissal is therefore affirmed.
The district court, however, did not address the issue
Burden raised regarding whether his inmate trust fund should be
credited in the amount of the filing fee withdrawn for the
instant case, which fee was apparently erroneously docketed as a
new cause of action distinct from cause number 1:03-CV-233. The
case is therefore remanded to the district court to address
Burden’s entitlement, if any, to reimbursement for the filing fee
in cause number 1:03-CV-339.
DISMISSAL AFFIRMED; REMANDED.