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THOMAS v. KIPPERMANN

No. 87-6048.

846 F.2d 1009 (1988)

McKinley Dale THOMAS, Plaintiff-Appellant, v. Ted KIPPERMANN, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 9, 1988.

Attorney(s) appearing for the Case

McKinley Dale Thomas, pro se.

John W. Mahoney, Anthony F. Loria, Asst. Co. Attys., Houston, Tex., for Heard.

John Schnellbacher, Houston, Tex., for Kippermann.

Joan E. Porter, Mark F. Elvig, Asst. Co. Attys., Houston, Tex., for Norman.

Before REAVLEY, KING, and JOLLY, Circuit Judges.

PER CURIAM:

Appellant McKinley Dale Thomas moves this Court for leave to appeal in forma pauperis from the district court's dismissal, following an evidentiary hearing, of his 42 U.S.C. § 1983 civil rights suit. Such leave will be granted if the appeal raises an issue of arguable merit, that is, if the appeal is not frivolous. Howard v. King, 707 F.2d 215, 220 (5th Cir.1983); Jackson v. Dallas Police Dept.,

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