Lewis v. Collins

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 95-20899 Conference Calendar __________________ CURTIS MACK LEWIS, Plaintiff-Appellant, versus JAMES A. COLLINS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, M. B. THALER, GEORGE R. PIERSON, R. S. ROBERT, CURTIS D. JOHNSON, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. CA-H-95-1225 - - - - - - - - - - February 29, 1996 Before GARWOOD, JONES, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* Curtis Mack Lewis appeals from the district court's order dismissing his civil rights action as frivolous pursuant to 28 U.S.C. § 1915(d). He argues that prison personnel were deliberately indifferent to his serious medical needs in prohibiting him from kneeling in line while waiting to obtain his * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 95-20899 -2- medication. We have reviewed the record and the district court's opinion and find no reversible error. On appeal, Lewis 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 Lewis that any additional frivolous appeals filed by him will invite the imposition of sanctions. To avoid sanctions, Lewis 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.