IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 95-40778 (Summary Calendar)

NORRIS HICKS, Plaintiff-Appellant, versus ROBERT L. HORN, Sheriff; JAMES A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division; LESLE WOODS; CIRO E. DE LA VEGA; JOHN MCAULIFFE; WILLIAM LAZENBY, Defendants-Appellees.

Appeal from United States District Court for the Southern District of Texas (USDC No. CA-C-94-181) April 30, 1996 Before JOLLY, JONES and STEWART, Circuit Judges.

PER CURIAM:* This is an appeal from the district court’s order dismissing appellant’s 42 U.S.C. § 1983 action as frivolous under 28 U.S.C. § 1915(d). Appellant argues that the district court abused its discretion in dismissing his § 1983 action as frivolous. We have reviewed the argument and the record and find no abuse of discretion in the dismissal. See Denton v. Hernandez, 504 U.S. 25, 31-32 (1992).

APPEAL DISMISSED.

Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.