                  IN THE UNITED STATES COURT OF APPEALS

                            FOR THE FIFTH CIRCUIT

                            _____________________

                                 No. 96-40596
                               Summary Calendar
                            _____________________


PATRICK MAC JACKSON,

                                                           Plaintiff-Appellant,

                                      versus

MARSHALL HERKLOTZ, Southern
Regional Director, ET AL.,

                                            Defendants-Appellees.
_________________________________________________________________

      Appeal from the United States District Court for the
                    Southern District of Texas
                       USDC No. G-92-CV-483
_________________________________________________________________
                         January 15, 1998
Before JOLLY, BENAVIDES, and PARKER, Circuit Judges.

PER CURIAM:*

     Patrick      Mac   Jackson,    Texas     inmate   #478883,        appeals   the

dismissal    as    frivolous   of     his    42   U.S.C.    §   1983    complaint.

Jackson’s motion for an evidentiary hearing before this court is

DENIED.

     We have carefully reviewed the record and the appellate

arguments.        For   essentially    the   same   reasons     upon     which   the

district court relied by adopting the magistrate judge’s report,


     *
      Pursuant to 5TH CIR. 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this opinion should not be published and is not precedent except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 5TH CIR. R. 47.5.4.
see Jackson v. Herklotz, No. G-92-483 (S.D. Tex. Mar. 27, 1996), we

conclude that the district court did not abuse its discretion in

dismissing Jackson’s claims.

                                                  A F F I R M E D.




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