Johnson v. Gulfport Police ( 1995 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-60371
Conference Calendar
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HOSEY B. JOHNSON,
Plaintiff-Appellant,
versus
GULFPORT POLICE DEPARTMENT,
CITY OF GULFPORT,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 1:92CV356GR
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(October 18, 1995)
Before POLITZ, Chief Judge, and REAVLEY and SMITH, Circuit Judges.
PER CURIAM:*
Hosey B. Johnson filed an amended civil rights complaint, 42
U.S.C. § 1983, against the city of Gulfport alleging that the
city had included an arrest for armed robbery on his "rap" sheet
in violation of his constitutional rights. The district court
granted the defendants' motion for summary judgment and dismissed
the complaint with prejudice.
*
Local Rule 47.5 provides: "The publication of opinions
that have no precedential value and merely decide particular
cases on the basis of well-settled principles of law imposes
needless expense on the public and burdens on the legal
profession." Pursuant to that Rule, the court has determined
that this opinion should not be published.
No. 95-60371
-2-
To the extent that Johnson argues that the granting of the
motion to quash deemed the allegations of civil rights violations
admitted, the record does not support his position. Johnson
served a subpoena on Patricia Bodin requesting production of the
transcript of the opening statement in his 1981 criminal trial,
and Bodin successfully filed a motion to quash this subpoena.
Bodin's motion is the only motion to quash granted by the
district court.
To the extent that Johnson argues the merits of his claim,
he has failed to allege a constitutional claim and is not
entitled to relief. See Resident Council of Allen Parkway
Village v. U.S. Dep't of Housing and Urban Dev., 980 F.2d 1043,
1050 (5th Cir.), cert. denied, 114 S. Ct. 75 (1993). Johnson's
"rap" sheet lists a 1980 arrest for armed robbery, and Johnson
does not deny he was arrested. He has failed to demonstrate that
he has a constitutional right to have this arrest removed from
his record.
This appeal is without arguable merit and thus frivolous.
Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). Because
the appeal is frivolous, it will be dismissed. 5th Cir. R. 42.2.
We caution Johnson that any additional frivolous appeals filed by
him or on his behalf will invite the imposition of sanctions. To
avoid sanctions, Johnson is further cautioned to review all
pending appeals to ensure that they do not raise arguments that
are frivolous because they have been previously decided by this
court.
Appeal DISMISSED.