IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-50410
Conference Calendar
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DAVID MEMPHIS CARTER,
Plaintiff-Appellant,
versus
JAMES A. COLLINS, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
INSTITUTIONAL DIVISION, REBECKA L. BURKETT,
Defendants-Appellees,
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-94-CV-359
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(October 18, 1995)
Before POLITZ, Chief Judge, and REAVLEY and SMITH, Circuit Judges.
PER CURIAM:*
A Texas prison official denied inmate David Memphis Carter
access to issues of a magazine depicting women engaged in sex
with each other. This court has held that such a denial is not
constitutionally infirm. Thompson v. Patteson, 985 F.2d 202,
206-07 (5th Cir. 1993). Carter has given us no reason to revisit
or limit the holding of Thompson.
*
Local Rule 47.5 provides: "The publication of opinions
that have no precedential value and merely decide particular
cases on the basis of well-settled principles of law imposes
needless expense on the public and burdens on the legal
profession." Pursuant to that Rule, the court has determined
that this opinion should not be published.
No. 95-50410
-2-
The complaint of a person proceeding in forma pauperis (IFP)
may be dismissed without service of process or discovery. Cay v.
Estelle, 789 F.2d 318, 324 (5th Cir. 1989). The dismissal of
Carter's complaint was not an abuse of discretion. See Eason v.
Thaler, 14 F.3d 8, 9 (5th Cir. 1994).
On motion for leave to appeal IFP, Carter has shown no
nonfrivolous issue. Accordingly, we deny IFP and dismiss the
appeal. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.
1983); Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 1982); 5th
Cir. R. 42.2.
We note that the district court imposed sanctions on Carter
and that he does not challenge them on appeal. Issues not raised
on appeal are abandoned. See Hobbs v. Blackburn, 752 F.2d 1079,
1083 (5th Cir.), cert. denied, 474 U.S. 838 (1985).
IFP DENIED, APPEAL DISMISSED.