IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-60544
Conference Calendar
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CHRISTOPHER CARBIN,
Plaintiff-Appellant,
versus
UNITED STATES NAVY ET AL.
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 1:94CV60-S-D
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(October 19, 1995)
Before POLITZ, Chief Judge, and REAVLEY and SMITH, Circuit Judges.
PER CURIAM:*
Christopher Carbin appeals the district court's dismissal of
his $20 million suit against the Board for Corrections of
Military Records and other defendants. The Board is immune from
suit for monetary damages. See Gochnour v. Marsh, 754 F.2d 1137,
1138 (5th Cir.), cert. denied, 471 U.S. 1057 (1985). Carbin has
not alleged any involvement by any of the other named defendants.
The defendants cannot be liable without some personal involvement
*
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that this opinion should not be published.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. 95-60544
-2-
or their implementation of a constitutionally deficient policy.
Thompkins v. Belt, 828 F.2d 298, 303-04 (5th Cir. 1987).
To the extent that Carbin's request for mandamus to speed
the proceedings may be construed as a request for injunctive
relief, that claim was properly dismissed as the Board had ruled
during the pendency of the suit, rendering the issue moot.
The 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. See 5TH CIR. R. 42.2.
Carbin v. USN
Combined Opinion