Filed: Jul. 08, 1996
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 96-20186 Conference Calendar _ GEORGE EARL JENKINS, Plaintiff-Appellant, versus DAVID R. GILBERTSON, Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-94-CV-3323 - - - - - - - - - - June 27, 1996 Before HIGGINBOTHAM, BARKSDALE, and BENAVIDES, Circuit Judges. PER CURIAM:* George Jenkins, #621316, has appealed the district court's dismissal without prej
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 96-20186 Conference Calendar _ GEORGE EARL JENKINS, Plaintiff-Appellant, versus DAVID R. GILBERTSON, Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-94-CV-3323 - - - - - - - - - - June 27, 1996 Before HIGGINBOTHAM, BARKSDALE, and BENAVIDES, Circuit Judges. PER CURIAM:* George Jenkins, #621316, has appealed the district court's dismissal without preju..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 96-20186
Conference Calendar
__________________
GEORGE EARL JENKINS,
Plaintiff-Appellant,
versus
DAVID R. GILBERTSON,
Defendant-Appellee.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-94-CV-3323
- - - - - - - - - -
June 27, 1996
Before HIGGINBOTHAM, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
George Jenkins, #621316, has appealed the district court's
dismissal without prejudice of his civil rights action. His sole
contention on appeal, that the district court lacked the inherent
authority to dismiss his appeal for lack of prosecution, is
frivolous. See McCullough v. Lynaugh,
835 F.2d 1126, 1127 (5th
Cir. 1988). Because the appeal is frivolous, it is DISMISSED.
See 5th Cir. R. 42.2.
*
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that this opinion should not be published and is not precedent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. 96-20186
-2-
We caution Jenkins that any additional frivolous appeals
filed by him will invite the imposition of sanctions. To avoid
sanctions, Jenkins 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; WARNING ISSUED.