IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-40618
Conference Calendar
__________________
ROBERT WAYNE MITCHELL,
Plaintiff-Appellant,
versus
JERRY O. BENGE,
S. WALLACE,
JOHN M. ROE,
TERRAL H. WARREN,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:94-CV-1016
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December 20, 1995
Before DAVIS, STEWART, and PARKER, Circuit Judges.
PER CURIAM:*
Robert W. Mitchell, a prisoner of the State of Texas,
appeals from the judgment of the district court dismissing his
civil rights action pursuant to 28 U.S.C. § 1915(d). Mitchell
argues that his punishment for refusing to "pick chickens" was a
violation of due process because he could not have known that his
conduct was prohibited and that the district court erred in
*
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Rule, the court has determined that this opinion should not be
published.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. 95-40618
-2-
issuing a warning that he may be subject to future sanctions if
he files frivolous lawsuits. We have reviewed the record and the
district court's opinion and find no reversible error.
The appeal is without arguable merit and thus frivolous.
See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983); 5th
Cir. R. 42.2. The district court warned Mitchell that he could
be subject to sanctions if he persisted in filing frivolous
lawsuits. Accordingly, Mitchell is hereby sanctioned in the
amount of $100, and he is barred from filing any further civil,
pro se, in forma pauperis appeals in this court, without the
advance written permission of a judge of this court, until the
sanction is paid.
APPEAL DISMISSED.