IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 95-31203 Conference Calendar

MARK JOHNSON, Plaintiff-Appellant,

versus ALLEN J. BERGERON, Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Middle District of Louisiana USDC No. 95-CV-1768 - - - - - - - - - - June 27, 1996 Before HIGGINBOTHAM, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM:* Mark Johnson, #106858, moves this court for in forma pauperis (IFP) status to appeal the district court's order dismissing his civil rights action under 42 U.S.C. § 1983. For the same reasons that the district court stated in its opinion, we find this appeal to be frivolous. See Johnson v. Bergeron, No. 95-1768-A-1 (M.D. La. Oct. 6, 1995). Because Johnson fails to state a nonfrivolous issue on appeal, his motion for leave to * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 95-31203 - 2 - proceed IFP is DENIED. Because the appeal is frivolous, it is DISMISSED. See 5th Cir. R. 42.2.