SMITH v. STEVENS

No. 01-91-00364-CV.

822 S.W.2d 152 (1991)

Willie SMITH, Appellant, v. Dale STEVENS, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

November 26, 1991.


Attorney(s) appearing for the Case

Willie Smith, pro se.

Frank Blazek, Walker County Dist. Atty., for appellee.

Before TREVATHAN, O'CONNOR and COHEN, JJ.


OPINION

COHEN, Justice.

Appellant, Willie Smith, a state prison inmate, sued a prison guard, Dale Stephens, for $3.55 in actual damages, an injunction, and a declaratory judgment. Smith claims Stephens took his coffee bag and two packs of cigarettes. Six days after Smith sued, the trial court found the suit was frivolous and dismissed it with prejudice, pursuant to Tex.Civ.Prac. & Rem. Code Ann. § 13.001 (Vernon Supp.1991). We affirm.

De...

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