IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-10932
Conference Calendar
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STANLEY J. STEVENS,
Plaintiff-Appellant,
versus
RANDY D. MCLEOD, Warden;
E. WILLIAMS, Assistant Warden,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:95-CV-240
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December 19, 1995
Before DAVIS, STEWART, and PARKER, Circuit Judges.
PER CURIAM:*
Stevens appeals the dismissal of his 42 U.S.C. § 1983 action
as frivolous under 28 U.S.C. § 1915(d). Stevens argues on appeal
that the defendants violated his constitutional rights under the
First, Fifth, Eighth, and Fourteenth Amendments by locking down
his unit for distribution of thermal underwear, for confining
inmates to their cells while staff meetings are held by prison
personnel, by constantly pestering and disturbing inmates while
*
Local Rule 47.5.1 provides: "The publication of
opinions that 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Rule, the court has determined that this opinion should not be
published.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. 95-10932
-2-
transporting them to showers or the infirmary by making them
stand against the wall quietly, and by disturbing and
interrupting the inmates while they engage in recreational
activities. Stevens also alleges that solitary confinement and
prehearing detention prisoners are sometimes housed in his unit,
and that the inmates in the unit are forced to pack up and move
to make room.
We have reviewed the record and the district court's opinion
and find no reversible error. Further, we find that Stevens'
appeal is frivolous, and accordingly, we DISMISS it pursuant to
5th Cir. R. 42.2. Stevens was warned in Stevens v. Hay's
Pharmacy, No. 95-10119 (5th Cir. Apr. 14, 1995) that filing
future frivolous appeals would result in disciplinary sanctions.
Accordingly, Stevens is hereby sanctioned in the amount of $100,
and he is BARRED from filing any pro se, in forma pauperis, civil
appeal in this court, or any pro se, in forma pauperis, initial
civil pleading in any court which is subject to this court's
jurisdiction, without the advance written permission of a judge
of the forum court; the clerk of this court and the clerks of all
federal district courts in this Circuit are directed to return to
Stevens, unfiled, any attempted submission inconsistent with this
bar.
APPEAL DISMISSED; SANCTIONS IMPOSED.