Birdo v. Williams

OPINION ON MOTION FOR REHEARING

OLIVER-PARROTT, Chief Justice.

We withdraw our earlier opinion, we substitute the following opinion in its stead, and we grant appellant’s motion for rehearing. Appellant’s motion for rehearing en banc is denied.

This is an appeal of the trial court’s dismissal of appellant’s cause of action as frivolous, under Tex.Civ.Prac. & Rem.Code *572Ann. § 13.001 (Vernon Supp.1993). We affirm.

Appellant, Burnice Joe Birdo, a state prison inmate, sued the Texas Department of Criminal Justice, Institutional Division (TDCJ) and its personnel, in connection with his claim that the…