IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-40492 Summary Calendar

FELIX J. MUNGIA,

Plaintiff-Appellant,

versus

OSCAR LOPEZ, Jim Wells, County Sheriff; JOE RODRIGUEZ, Jail Administrator; ROBERT ROLDAN, Sergeant, Jailer,

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. C-98-CV-538 - - - - - - - - - -

November 24, 1999

Before HIGGINBOTHAM, DeMOSS, and STEWART, Circuit Judges.

PER CURIAM:*

Felix J. Mungia, Texas prisoner #833729, appeals from the

dismissal of his lawsuit filed pursuant to

as

frivolous. Mungia alleged that he had been denied his

constitutional right of meaningful access to the courts through

adequate law libraries or assistance from legally-trained

personnel. The district court may dismiss an in forma pauperis

complaint as frivolous under

(e)(2)(B)(i) if it

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 99-40492 -2-

lacks an arguable basis in law or fact. Siglar v. Hightower,

(5th Cir. 1997). We review such a dismissal for an

abuse of discretion.

Regarding his instant claims, Mungia failed to allege that

he was denied legal assistance by his court-appointed counsel or

that he suffered an actual injury due to the alleged deprivation.

See Lewis v. Casey,

(1996)(actual injury

requirement); Mann v. Smith,

(5th Cir.

1986)(denied legal assistance). The district court therefore did

not abuse its discretion in dismissing the instant lawsuit as

frivolous.

AFFIRMED.