Runels vs. Keesee, (5th Cir. 1998)

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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .

R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-11258 Conference Calendar L. T.

RUNELS, Plaintiff-Appellant, versus D.L. KEESEE, Sheriff of Lubbock County Texas, Defendant-Appellee. Appeal from the United States District Court for the Northern District of Texas USDC No. 5:97-CV-262-C August 18, 1998 Before KING, HIGGINBOTHAM, and JONES, Circuit Judges.

PER CURIAM: * L.T. Runels, Texas prisoner # 707445, appeals the district court§ 1983 action as malicious and repetitive pursuant to 28 U.S.C. § 1915. Runels argues on appeal that, being a layman in the law, his first filing of this § 1983 action was dismissed without prejudice because he did not know what to file or how to file. He alleges that he was assisted by a writ writer in filing this second suit to correct the errors of the first suit. He states that in this second filing, he has clearly shown a constitutional violation.

We have reviewed the record and the district court's opinion and find no reversible error. Runels v. Keesee , No. 5:97-CV-262- C (N.D. Tex.

Oct. 15, 1997). Contrary to appellant§ 1915(g); Adepegba v. Hammons , 103 F.3d 383, 388 (5th Cir. 1997).

APPEAL DISMISSED AS FRIVOLOUS.

No. 97-11258

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