                  IN THE UNITED STATES COURT OF APPEALS

                           FOR THE FIFTH CIRCUIT


                           _____________________

                                No. 95-31082
                              Summary Calendar
                           _____________________



FRANKLIN D. FRAZIER, JR.,

                                                         Plaintiff-Appellant,

                                     versus

CALVIN JOHNSON,

                                                             Defendant-Appellee.

_________________________________________________________________

      Appeal from the United States District Court for the
                  Eastern District of Louisiana
                      USDC No. 95-CV-2283-J
_________________________________________________________________

                        February 14, 1996
Before JOLLY, JONES, and STEWART, Circuit Judges.

PER CURIAM:*

       This is an appeal from the dismissal of the appellant's civil

rights complaint as frivolous pursuant to 28 U.S.C. § 1915(d).                       We

have   reviewed    the    record,    the    magistrate       judge's    report      and

recommendation,     and    the   district     court's    order,        and   find    no

reversible     error.      Because    the    appeal     is    frivolous,      it     is

DISMISSED.     5th Cir. Rule 42.2; Howard v. King, 707 F.2d 215,




       *
      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this opinion should not be published and is not precedent except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.
218-19 (5th Cir. 1983).     Frazier's motions for certificate of

probable cause and for stay of execution are DENIED.

     We caution Frazier that any additional frivolous appeals filed

by him or on his behalf will invite the imposition of sanctions.

To avoid sanctions, Frazier is further cautioned to review any

pending appeals to ensure that they do not raise arguments that are

frivolous.

                        APPEAL DISMISSED; SANCTION WARNING GIVEN.




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