IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 95-40845 Conference Calendar __________________

ROBERT JOE McSPADDEN, Plaintiff-Appellant, versus EVERARDO GARCIA; ROBERT J. BANKS, Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. B-95-CV-34 - - - - - - - - - - April 18, 1996 Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM:* Robert McSpadden appeals from the dismissal for lack of jurisdiction of his civil rights complaint brought pursuant to U.S.C. § 1983. McSpadden fails to present any argument that draws the dismissal into question. See McSpadden v. Garcia, No * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 95-40845 -2- B-95-CV-34 (S.D. Tex. Aug. 30, 1995); Fed. R. App. P. 28(a)(6).

Accordingly, McSpadden's appeal is dismissed as frivolous. 5th Cir. R. 42.2. We caution McSpadden that any additional frivolo appeals filed by him or on his behalf will invite the impositio of sanctions. To avoid sanctions, McSpadden is further caution to review any pending appeals to ensure that they do not raise arguments that are frivolous.

APPEAL DISMISSED; SANCTIONS WARNING ISSUED.