Stevens v. Dolberg

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 95-10955 Conference Calendar __________________ STANLEY J. STEVENS, Plaintiff-Appellant, versus ALAN DOLBERG; CAGEL, Lt.; HAMPTON, Lt.; WILKERSHINE, Sgt.; WOODS, Officer; BROWN, Officer, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 2:95-CV-155 - - - - - - - - - - December 19, 1995 Before DAVIS, STEWART, and PARKER, Circuit Judges. PER CURIAM:* Stevens appeals the dismissal of his action under 42 U.S.C. § 1983 for failure to prosecute under Fed. R. Civ. P. 41(b). Stevens does not specifically raise or brief an issue relating to the basis of the district court's dismissal under Rule 41(b), other than to state that he did supplement the record with three additional copies of his complaint and was not required to produce six copies because he allegedly "did not know." * 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 Pursuant to that Rule, the court has determined that this opinion should not be published.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. 95-10955 -2- 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.