Woods v. Navarro Cty Texas ( 1996 )


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  •               IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 96-10546
    Conference Calendar
    JAMES E. WOODS,
    Plaintiff-Appellant,
    versus
    NAVARRO CTY, TEXAS, Corsicana,
    Defendant-Appellee.
    - - - - - - - - - -
    CONSOLIDATED WITH
    No. 96-10825
    - - - - - - - - - -
    JAMES E. WOODS,
    Plaintiff-Appellant,
    versus
    DALLAS COUNTY JAIL, Nursing Department,
    Defendant-Appellee.
    - - - - - - - - - -
    Appeals from the United States District Court
    for the Northern District of Texas
    USDC No. 3:95-CV-614-H
    USDC No. 3-95-CV-202
    - - - - - - - - - -
    December 10, 1996
    Before WIENER, BARKSDALE, and BENAVIDES, Circuit Judges.
    Nos. 96-10546 & 96-10825
    - 2 -
    PER CURIAM:*
    In No. 96-10546, James Woods, #654107, appeals from the
    district court’s dismissal as frivolous pursuant to 
    28 U.S.C. § 1915
    (e)(2) (formerly § 1915(d)) of his civil rights complaint.
    Woods contends that he was wrongfully arrested and forced to
    plead guilty to forgery and that his probation was revoked as a
    result.   We have reviewed the record and Woods’ brief and
    conclude that his appeal is frivolous because his § 1983
    complaint is barred under Heck v. Humphrey, 
    114 S. Ct. 2364
    (1994).
    In No. 96-10825, Woods appeals from the district court’s
    dismissal as frivolous of his civil rights complaint against the
    Dallas County Jail.    Woods contends that he received inadequate
    treatment from a nurse at the Dallas County Jail.   We have
    reviewed the record and Woods’ brief and conclude that this
    appeal also is frivolous because Woods allegations do not rise to
    the level of deliberate indifference.    See Estelle v. Gamble, 
    429 U.S. 97
    , 104 (1976).
    We caution Woods that any additional frivolous appeals filed
    by him or on his behalf will invite the imposition of sanctions.
    To avoid sanctions, Woods is further cautioned to review any
    *
    Pursuant to Local Rule 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    that this opinion should not be published and is not precedent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 Local Rule
    47.5.4.
    Nos. 96-10546 & 96-10825
    - 3 -
    pending appeals to ensure that they do not raise arguments that
    are frivolous.
    APPEALS DISMISSED; SANCTIONS WARNING ISSUED.
    

Document Info

Docket Number: 96-10546

Filed Date: 12/17/1996

Precedential Status: Non-Precedential

Modified Date: 12/21/2014