Bailey v. Merriam-Webster Inc.

U.S. Court of Appeals for the Fifth Circuit

Bailey v. Merriam-Webster Inc.

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 95-20041 Conference Calendar __________________

LAWRENCE JAMES BAILEY,

Plaintiff-Appellant,

versus

MERRIAM-WEBSTER INCORPORATED ET AL.,

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. CA-H-94-3020 - - - - - - - - - - (March 23, 1995)

Before GARWOOD, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:*

The district court did not abuse its discretion by

dismissing Lawrence James Bailey's civil rights suit as frivolous

because he has failed to allege a violation of

42 U.S.C. § 1983

.

Resident Council of Allen Parkway Village v. U.S. Dep't of Hous.

& Urban Dev.,

980 F.2d 1043, 1050

(5th Cir.), cert. denied,

114 S. Ct. 75

(1993); Ancar v. Sara Plasma, Inc.,

964 F.2d 465, 468

(5th Cir. 1992). Bailey also has failed to demonstrate an abuse

of discretion in the district court's implicit decision to

* 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 Pursuant to that Rule, the Court has determined that this opinion should not be published.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. 94-20041 -2-

decline to exercise supplemental jurisdiction over his state-law

slander and libel claims. Rhyne v. Henderson County,

973 F.2d 386, 395

(5th Cir. 1992).

AFFIRMED.

Reference

Status
Unpublished