IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-40407 Conference Calendar

THOMAS A. BURNS, Plaintiff-Appellant,

versus DENTON COUNTY SHERIFF’S DEPARTMENT; WELDON LUCAS, Sheriff, Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:95-CV-144 - - - - - - - - - - June 26, 1996 Before HIGGINBOTHAM, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM:* Thomas Burns, #715502, appeals from the district court’s dismissal as frivolous pursuant to 28 U.S.C. § 1915(d) of his civil rights complaint. Burns contends that he stated a valid conditions-of-confinement violation. We have reviewed the record and Burns’ brief and conclude that his appeal is frivolous. We caution Burns that any additional frivolous appeals filed by him

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 96-40407 - 2 - or on his behalf will invite the imposition of sanctions. To avoid sanctions, Burns is further cautioned to review any pending appeals to ensure that they do not raise arguments that are frivolous.

APPEAL DISMISSED; SANCTIONS WARNING ISSUED.