IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-10812 Summary Calendar

SHERMAN HARVEY MERRITT, JR.,

Plaintiff-Appellant,

versus

CARL R. GREEN, Captain,

Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 1:97-CV-154 - - - - - - - - - - February 26, 1998 Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM:1

Sherman Harvey Merritt, Jr., Texas Prisoner No. 764054,

appeals the district court’s order dismissing his case for failure

to pay filing fees. The district court did not err in dismissing

Merritt’s complaint. See

(b)(1).

AFFIRMED.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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