Filed: Aug. 25, 1995
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 95-40453 Conference Calendar _ SAMUEL KAY SHANNON, Plaintiff-Appellant, versus LELAND HEUSZEL, Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 9:94-CV-188 - - - - - - - - - - August 23, 1995 Before KING, JOLLY, and WIENER, Circuit Judges. PER CURIAM:* A complaint filed in forma pauperis may be dismissed as frivolous pursuant to § 1915(d) if it has no a
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 95-40453 Conference Calendar _ SAMUEL KAY SHANNON, Plaintiff-Appellant, versus LELAND HEUSZEL, Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 9:94-CV-188 - - - - - - - - - - August 23, 1995 Before KING, JOLLY, and WIENER, Circuit Judges. PER CURIAM:* A complaint filed in forma pauperis may be dismissed as frivolous pursuant to § 1915(d) if it has no ar..
More
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-40453
Conference Calendar
__________________
SAMUEL KAY SHANNON,
Plaintiff-Appellant,
versus
LELAND HEUSZEL,
Defendant-Appellee.
- - - - - - - - - -
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 9:94-CV-188
- - - - - - - - - -
August 23, 1995
Before KING, JOLLY, and WIENER, Circuit Judges.
PER CURIAM:*
A complaint filed in forma pauperis may be dismissed as
frivolous pursuant to § 1915(d) if it has no arguable basis in
law or in fact. Booker v. Koonce,
2 F.3d 114, 115 (5th Cir.
1993). This court reviews a § 1915(d) dismissal for an abuse of
discretion.
Id.
Shannon has not shown how defendant Heuszel was personally
involved in any alleged constitutional deprivation or how any
*
Local Rule 47.5 provides: "The publication of opinions
that have no precedential value and merely decide particular
cases on the basis of well-settled principles of law imposes
needless expense on the public and burdens on the legal
profession." Pursuant to that Rule, the court has determined
that this opinion should not be published.
No. 95-40453
-2-
policy was involved. See Thompson v. Steele,
709 F.2d 381, 382
(5th Cir.), cert. denied,
464 U.S. 897 (1983); Thompkins v. Belt,
828 F.2d 298, 304 (5th Cir. 1987). The district court thus did
not abuse its discretion by overruling Shannon's objections to
the magistrate judge's report and dismissing Shannon's § 1983
claim as frivolous pursuant to § 1915(d).
Finally, Shannon requests the appointment of counsel. The
case is not so exceptional that appointing counsel would be
appropriate. See Ulmer v. Chancellor,
691 F.2d 209, 212 (5th
Cir. 1982).
AFFIRMED.