Kermit F. Gabel and Henry S. Stiehl v. James A. Lynaugh, Director Texas Department of Corrections Defendants

The district court’s judgment of dismissal is affirmed for the reasons stated in its Memorandum Order filed March 23, 1987. These apply to the claims advanced before that court; we do not consider those sought to be added before us. Generally speaking, we are a court of errors and appeals; and the trial court cannot have erred as to matters which were not presented to it.

We agree with the trial court’s conclusion that the action is frivolous and subject to dismissal pursuant to 28 U.S.C. § 1915(d). We further conclude that the briefing of this meritless and frivolous appeal renders the pro se…