Badeaux v. State of Louisiana

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 95-31010 Conference Calendar CHARLES A. BADEAUX, Plaintiff-Appellant, versus STATE OF LOUISIANA; JUDGE SUSAN M. CHEHARDY; JEFFERSON PARISH SHERIFF’S OFFICE; HARRY LEE, Sheriff, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana USDC Nos. 95-CV-2240, 95-CV-2432 - - - - - - - - - - June 26, 1996 Before HIGGINBOTHAM, BARKSDALE, and BENAVIDES, Circuit Judges. PER CURIAM:* Charles A. Badeaux, Louisiana pre-trial detainee, #162692, appeals the district court’s dismissal of his 42 U.S.C. § 1983 action as frivolous under 28 U.S.C. § 1915(d). Appellant argues that the defendants violated his constitutional rights because the law library at the Jefferson Parish Correctional Center in * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 95-31010 - 2 - which he was incarcerated did not have a “Black’s Law Dictionary.” We have reviewed the record, the district court’s opinion, and Badeaux’s brief, and find no abuse of discretion. Badeaux’s appeal is frivolous and is DISMISSED. Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983); see 5th Cir. R. 42.2. We caution Badeaux that any additional frivolous appeals filed by him will invite the imposition of sanctions. To avoid sanctions, Badeaux 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; SANCTIONS WARNING ISSUED.