IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 95-30143 Conference Calendar __________________

ROGER AKINS, Plaintiff-Appellant, versus CHARLES C. FOTI, JR., and DENTAL DEPARTMENT, Defendants, CHARLES C. FOTI, JR., Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 94-CV-3166 - - - - - - - - - - February 29, 1996 Before GARWOOD, JONES, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:* Roger Akins appeals the district court's judgment in favor of the defendant in his civil rights complaint brought pursuant to 42 U.S.C. § 1983. Review of the findings and conclusions depends on a trial transcript. Akins has failed to provide a transcript. His appeal is therefore DISMISSED AS FRIVOLOUS. See

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 95-30143 -2- Fed. R. App. P. 10(b); Powell v. Estelle, 959 F.2d 22, 26 (5th Cir.), cert. denied, 113 S. Ct. 668 (1992); 5th Cir. R. 42.2.

APPEAL DISMISSED.