IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 96-40596 Summary Calendar _____________________

PATRICK MAC JACKSON,

Plaintiff-Appellant,

versus

MARSHALL HERKLOTZ, Southern Regional Director, ET AL.,

Defendants-Appellees. _________________________________________________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. G-92-CV-483 _________________________________________________________________ January 15, 1998 Before JOLLY, BENAVIDES, and PARKER, Circuit Judges.

PER CURIAM:*

Patrick Mac Jackson, Texas inmate #478883, appeals the

dismissal as frivolous of his

complaint.

Jackson’s motion for an evidentiary hearing before this court is

DENIED.

We have carefully reviewed the record and the appellate

arguments. For essentially the same reasons upon which the

district court relied by adopting the magistrate judge’s report,

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. see Jackson v. Herklotz, No. G-92-483 (S.D. Tex. Mar. 27, 1996), we

conclude that the district court did not abuse its discretion in

dismissing Jackson’s claims.

A F F I R M E D.

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