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 42 U.S.C. § 1983 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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