IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-20616
USDC No. CA-H-92-2191
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JAMES D. HARRIS,
Plaintiff-Appellant,
versus
NOLA J. HALL; R.G. BELANGER; A. SCHRAM; T.L. MASSEY;
DAVID DOUGHTY; B.J. GOMEZS; A. DYER; ROBERT STUBER;
L.L. BREWER; H.L. MOSKOWITZ; BRADLE BACHMAN;
UNKNOWN WOODSHOP SUPERVISOR; S. DOUTY; RICHARD JOYNER,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
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March 7, 1996
Before JOLLY, JONES and STEWART, Circuit Judges.
PER CURIAM:*
James D. Harris seeks in forma pauperis (IFP) status to
appeal the district court's dismissal of his civil rights
complaint. Harris charges that various defendants
(1) negligently dispensed prescription medication; (2) failed to
protect him by removing a nurse from the prison pill window when
it was learned that she had made an error in dispensing
medication; (3) made him wait two days for medical treatment for
*
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that this opinion should not be published and is not precedent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. 95-20616
-2-
a swollen wrist; and (4) refused to call a witness at a prison
disciplinary hearing in reliance on wrongful information from
Harris's counsel substitute. Harris also argues that the
district court erred by determining that his counsel substitute
did not act under color of state law for purposes of 42 U.S.C.
§ 1983.
Having reviewed the record and the relevant law, we DENY the
motion for IFP because this appeal does not involve legal points
arguable on their merits. Jackson v. Dallas Police Dep't, 811
F.2d 260, 261 (5th Cir. 1986). Thus, the appeal is frivolous and
subject to dismissal. See Howard v. King, 707 F.2d 215, 219-20
(5th Cir. 1983); 5th Cir. R. 42.2. We caution Harris that any
additional frivolous appeals filed by him will invite the
imposition of sanctions. To avoid sanctions, Harris 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.