IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-40714
Conference Calendar
__________________
CHARLES KENNETH NELSON,
Plaintiff-Appellant,
versus
OSCAR SOLIZ, DISTRICT CLERK
OF NUECES COUNTY, TEXAS,
Defendant-Appellee.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-93-CV-329
- - - - - - - - - -
December 20, 1995
Before DAVIS, STEWART, and PARKER, Circuit Judges.
PER CURIAM:*
Charles Kenneth Nelson appeals an order of the district
court denying Fed. R. Civ. P. 60(b) relief from a judgment
dismissing his civil rights action as frivolous. He argues that
Soliz deprived him of his constitutional rights by failing to
provide the record and transcripts of his state court conviction
for his habeas corpus proceedings. We have reviewed the record
and the district court's opinion and find no reversible error.
*
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Rule, the court has determined that this opinion should not be
published.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. 95-40714
-2-
Nelson has not alleged the deprivation of a federal
constitutional right.
On appeal, Nelson can present no legal points arguable on
their merits, and the appeal is frivolous. See Howard v. King,
707 F.2d 215, 220 (5th Cir. 1983). Because the appeal is
frivolous, it is DISMISSED. See 5th Cir. Rule 42.2. We caution
Nelson that any additional frivolous appeals filed by him will
invite the imposition of sanctions. To avoid sanctions, Nelson
is further cautioned to review any pending appeals to ensure that
they do not raise arguments that are frivolous because they have
been previously decided by this court.
APPEAL DISMISSED.