*1 Before POLITZ, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges. PER CURIAM: [*]
The district court did not abuse its discretion in dismissing the civil rights action under 42 U.S.C. § 1983 filed by James M. Lyle, IV, #84998, because it had no arguable basis in *2 No. 96-60395
- 2 - law or in fact. Booker v. Koonce, 2 F.3d 114, 115 (5th Cir. 1993). This appeal is without arguable merit and thus frivolous.
Howard v. King, 702 F.2d 215, 219-20 (5th Cir. 1983). Because the appeal is frivolous it is DISMISSED. 5th Cir. Rule 42.2.
Lyle is cautioned that any additional frivolous filed by him will invite the imposition of sanctions. To avoid sanctions, Lyle is further cautioned to review any pending appeals to ensure that they do not raise arguments that are frivolous.
APPEAL DISMISSED; SANCTIONS WARNING ISSUED.
[*] Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.