IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 95-40476 Summary Calendar __________________

LARRY L. SMITH,

Plaintiff-Appellant,

versus

DALTON G. MEYER, Sheriff; RICHARD ROMANO, Captain; JEFF FLOWERS, Doctor; SAM GREEN, Doctor Assistance- Nurse; ROBERT BROWN, Jailer; RICK ELSIK, Jailer.

Defendant-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. V-92-CV-63 - - - - - - - - - - December 7, 1995 Before WIENER, PARKER and DENNIS, Circuit Judges.

PER CURIAM:*

This is an appeal from the district court's order dismissing

with prejudice appellant's

civil rights action as

frivolous under

(d). He argues that his claim for

the denial of necessary medical treatment was not frivolous and

that the district court abused its discretion in striking his

* 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 Pursuant to that Rule, the court has determined that this opinion should not be published.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. 95-40476 -2-

amended complaint. We have reviewed the record and the district

court's opinion and find no reversible error. Accordingly, we

affirm for essentially the reasons given by the district court.

Smith v. Meyer, No. V-92-CV-63 (S.D. Tex. May 5, 1995).

Appellant's motion to file an amended complaint on appeal is

DENIED.

We caution Smith that any additional frivolous appeals filed

by him or on his behalf will invite the imposition of sanctions.

To avoid sanctions, Smith 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.

AFFIRMED.