94-20431•(caption unavailable)
* 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should not be published.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 94-20431
Conference Calendar
__________________
JULIAN SCOTT ESPARZA,
a/k/a Julian Scott Esparza,
Plaintiff-Appellant,
versus
CITY OF BRYAN, COUNTY OF BRAZOS,
and STATE OF TEXAS,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. CA-H-94-1257
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(September 22, 1994)
Before KING, SMITH, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Julian Scott Esparza filed a civil rights action in the
Eastern District of Texas challenging his confinement in Bryan,
Texas, and the district court transferred the case to the
Southern District. The district court dismissed the action
because Esparza had not paid the fine in a earlier case before
proceeding with this case and imposed an additional sanction
because of his attempt to circumvent the directive. There is no
abuse of discretion.
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No. 94-20431
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The 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 is DISMISSED. Although this appeal
was filed before we imposed sanctions on July 19, 1994, we
caution Esparza to review his records and withdraw any pending
frivolous appeals.
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