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Stevens v. Whitaker

Court: Court of Appeals for the Fifth Circuit
Date filed: 1996-03-07
Citations: 81 F.3d 157
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               IN THE UNITED STATES COURT OF APPEALS
                       FOR THE FIFTH CIRCUIT

                        __________________

                            No. 95-11008
                        Conference Calendar
                         __________________


STANLEY J. STEVENS,

                                     Plaintiff-Appellant,

versus

T. WHITAKER, Captain,

                                     Defendant-Appellee.



                        - - - - - - - - - -
           Appeal from the United States District Court
                for the Northern District of Texas
                       USDC No. 2:95-CV-153
                        - - - - - - - - - -
                           March 1, 1996
Before GARWOOD, JONES, and EMILIO M. GARZA, 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 that the

defendant was deliberately indifferent to his serious medical

needs by disciplining him for refusing to work.

     We have reviewed the record, the district court's opinion,

and appellant's brief and discern no reversible error.     Further,

we hold that Stevens' appeal is frivolous, and accordingly, we

DISMISS it pursuant to 5th Cir. R. 42.2.     Stevens is hereby


     *
        Pursuant to Local Rule 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in Local Rule
47.5.4.
                            No. 95-11008
                                 -2-

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.