IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-40205
Summary Calendar
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JOSEPH ALFRED ROME, JR.,
Plaintiff-Appellant,
versus
PHILLIP VICK, Judge,
158th District; TRACY
KUNKEL, Denton County
District Clerk,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:96-CV-009
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May 1, 1996
Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.
PER CURIAM:*
Joseph Alfred Rome, Jr., argues that the district court
erred in dismissing his civil rights complaint as frivolous.
Rome also contests the district court's imposition of sanctions.
We have reviewed the record, the opinion of the district
court, and the brief, and find that the dismissal of the
*
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that this opinion should not be published and is not precedent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. 96-40205
-2-
complaint as frivolous is affirmed substantially for the reasons
adopted by the district court. See Rome v. Vick, No. 4:96-CV-009
(E.D. Tex. Feb. 29, 1996).
Rome's conclusional allegation that the district court's
imposition of sanctions was the result of bias does not establish
that he was denied an impartial tribunal. Litkey v. United
States, 114 S. Ct. 1147, 1157-58 (1994). The district court did
not abuse its discretion in imposing sanctions against Rome.
Because Rome has failed to raise an issue of arguable merit,
the appeal is dismissed as frivolous. See Howard v. King, 707
F.2d 215, 219-20 (5th Cir. 1983); 5th Cir. Rule 42.2. We caution
Rome that any additional frivolous appeals filed by him will
invite the imposition of sanctions by this court. To avoid
sanctions, Rome is further cautioned to review any pending
appeals to ensure that they do not raise arguments that are
frivolous because they have been previously deci ded by this
court.
APPEAL DISMISSED; SANCTION WARNING ISSUED.