IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_______________
No. 95-40923
Summary Calendar
_______________
GETZELL JOHNSON MURRELL, JR.,
Plaintiff-Appellant,
VERSUS
GARY W. MORGAN,
Defendant-Appellee.
_________________________
Appeal from the United States District Court
for the Eastern District of Texas
(6:95-CV-213)
_________________________
August 1, 1996
Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.
PER CURIAM:*
This is a diversity case in which Getzell Murrell, Jr., sues
his former attorney for malpractice, for alleged inadequate
representation in criminal proceedings. Murrell pleaded guilty to
the offenses. In Texas, as in most jurisdictions, one cannot sue
his attorney under such circumstances unlessSSwhich has not
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion
should not be published except under the limited circumstances set forth
in 5TH CIR. R. 47.5.4.
happened hereSShe has been legally exonerated of the charges. See,
e.g., Peeler v. Hughes & Luce, 868 S.W.2d 823 (Tex. App.SSDallas
1993), aff’d, 909 S.W.2d 494 (Tex. 1995).
The magistrate judge wrote a lucid report and recommendation,
filed September 25, 1995. It is correct, and the district court
entered judgment dismissing the appeal on the basis thereof. Based
on the plain authority cited in the report, Murrell has no good-
faith basis on which to appeal. The appeal, accordingly, is
DISMISSED as frivolous. See 5TH CIR. R. 42.2.
2