IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 95-10635 Conference Calendar __________________

DON VENABLE, Plaintiff-Appellant, and RICHARD FINLAN, Plaintiff, versus ROBERT L. JOHNSTON, DENNIS J.

EICHELBAUM, SCHWARTZ & EICHELBAUM, PC Defendants - Appellees, and DAVID STROBEL Defendant.

- - - - - - - - - - Appeal from the United States District Court for the ern District of USDC No. 3:94-CV-2294-H - - - - - - - - - - February 29, 1996 Before GARWOOD, JONES, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:* Don Venable appeals from summary judgment in favor of the defendants in a civil rights action. He argues that he was

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 95-10635 -2- deprived of his First Amendment right of "access to information." We have reviewed the record and the district court's opinion and find no reversible error. The appeal is without arguable merit and thus frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). Because the appeal is frivolous, it is DISMISSED. 5th Cir. R. 42.2.

APPEAL DISMISSED.