Wright v. Love

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT _____________________ No. 96-50376 Summary Calendar _____________________

GARY G. WRIGHT,

Plaintiff-Appellant, versus

K. C. LOVE, Doctor, Boyd Unit,

Defendant-Appellee. _________________________________________________________________

Appeal from the United States District Court for the

Western District of Texas USDC No. W-95-CV-79

_________________________________________________________________

October 25, 1996

Before GARWOOD, JOLLY, and DENNIS, Circuit Judges.

PER CURIAM:*

Gary Gene Wright, # 612278, appeals from the district court’s order dismissing his civil rights actions as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). He argues that Dr. Love was deliberately indifferent to his serious medical needs in violation of the Eighth Amendment. We have reviewed the record and Wright’s brief and affirm the district court’s dismissal for essentially the reasons adopted by the district court. Wright v. Love, No. W-95-CV-79 (W.D. Tex. Apr. 24, 1996). We do not address Wright’s retaliation claim because it does not rise to the level of plain error. See Robertson v. Plano City of Tex., 70 F.3d 21, 23 (5th Cir. 1995).

Wright presents no legal points arguable on their merits, and the appeal is frivolous. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983). Because the appeal is frivolous, it is DISMISSED. See 5th Cir. Rule 42.2. We previously warned Wright in Wright v. Carpenter, No. 95-10951 (5th Cir. Apr. 12, 1996), that further prosecution of frivolous matters in this court would invite the imposition of sanctions and cautioned him to review any pending appeals to ensure that they did not raise frivolous arguments. Wright has not heeded this warning. Accordingly, Wright is barred from filing any pro se, in forma pauperis civil appeal in this court, or any pro se, in forma pauperis, initial civil pleading in any court that is subject to this court’s jurisdiction, without the advance written permission of a judge of the forum court; the clerk of this court and the clerks of all federal district courts in this circuit are directed to return to Wright, unfiled, any attempted submission inconsistent with this bar.

APPEAL DISMISSED; SANCTION IMPOSED.