IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-11324 Conference Calendar

RAPHAEL FOLEY,

Plaintiff-Appellant,

versus

COUNTY OF DALLAS, OFFICER JANE DOE, OFFICER JOHN DOE,

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 3:96-CV-2490-X - - - - - - - - - - October 21, 1997 Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges.

PER CURIAM:*

Raphael Foley, prisoner # 96015889, appeals the dismissal of

his civil rights complaint as frivolous. He has also filed a

motion to amend his brief. The motion is hereby GRANTED. The

district court did not abuse its discretion by dismissing Foley’s

complaint pursuant to

(e)(2) on the basis that it

is duplicative and is therefore frivolous. Wilson v. Lynaugh,

(5th Cir. 1989).

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 96-11324 -2-

This appeal is without arguable merit and is therefore

frivolous. Howard v. King,

(5th Cir. 1983).

Because the appeal is frivolous, it is DISMISSED. 5th Cir.

R. 42.2. We caution Foley that any additional frivolous appeals

filed by him will invite the imposition of sanctions. To avoid

sanctions, Foley is further cautioned to review any pending

appeals to ensure that they do not raise arguments that are

frivolous.

MOTION GRANTED. APPEAL DISMISSED. SANCTION WARNING ISSUED.