IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-10099
Conference Calendar
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CURTIS WADE PERKINS,
Plaintiff-Appellant,
versus
RICHARD HARRIS, Sheriff,
Schleicher County Jail,
Defendant-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 6:95-CV-049-C
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April 16, 1996
Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.
PER CURIAM:*
Curtis Wade Perkins appeals the dismissal as frivolous of
his civil rights complaint which asserted the denial of access to
the courts. Perkins' argument on appeal, that the representation
of his court-appointed counsel for the criminal charge was
inadequate legal assistance under the standard of Bounds v.
Smith, 430 U.S. 817 (1977), was not raised in the district court
and thus is reviewable only for plain error. See Highlands Ins.
Co. v. National Union Fire Ins. Co., 27 F.3d 1027, 1031-32 (5th
*
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that this opinion should not be published and is not precedent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. 96-10099
-2-
Cir. 1994), cert. denied, 115 S. Ct. 903 (1995). For essentially
the same reasons upon which the district court relied, we
conclude that the district court did not abuse its discretion in
dismissing the complaint as frivolous. See Perkins v. Harris,
No. 6:95-CV-049-C (N.D. Tex. Jan. 12, 1996). Therefore, there
was no error, plain or otherwise.
This appeal is frivolous. See 5th Cir. R. 42.2. We caution
Perkins that any additional frivolous appeals filed by him will
invite the imposition of sanctions. To avoid sanctions, Perkins
is further cautioned to review all pending appeals to ensure that
they do not raise arguments that are frivolous because they have
been previously decided by this court.
APPEAL DISMISSED. ADMONITION ISSUED.