IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-20849
Summary Calendar
__________________
ROBERT RASBERRY, JR.,
Plaintiff-Appellant,
versus
JAMES A. COLLINS, ET AL.,
Defendants-Appellees.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
USDC No. CA-H-93-1131
- - - - - - - - - -
May 27, 1996
Before KING, DAVIS and BENAVIDES, Circuit Judges.
PER CURIAM:*
Robert Rasberry, Jr., appeals from the judgment of the
district court dismissing his civil rights action in part for
failure to state a claim and in part as frivolous. Rasberry
argues that the district court abused its discretion in
dismissing his Eighth Amendment claim as frivolous. We have
reviewed the record and the district court's order of dismissal
and find no reversible error. Rasberry v. Collins, No. CA-H-93-
*
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that this opinion should not be published and is not precedent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. 95-20849
-2-
1131 (S.D. Tex. Sept. 11, 1995). Rasberry does not adequately
argue his remaining claims in the body of his brief, and they are
deemed abandoned. See Yohey v. Collins, 985 F.2d 222, 224-25
(5th Cir. 1993).
The appeal is without arguable merit and thus frivolous.
Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). Because
the appeal is frivolous, it is dismissed. 5th Cir. R. 42.2. We
caution Rasberry that any additional frivolous appeals filed by
him will invite the imposition of sanctions. To avoid sanctions,
Rasberry 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. SANCTION WARNING ISSUED.