Johnson v. Kinney

OPINION

HEDGES, Justice.

Appellant R. Wayne Johnson, a prisoner at the Texas Department of Criminal Justice, Institutional Division, Retrieve Unit (“TDCJ”), appeals the dismissal with prejudice of his pro se suit in forma pauperis under Tex.Civ.Prac. & Rem.Code Ann. § 13.001(b)(2) (Vernon 1994). By an order of March 2, 1994, before the defendants had been served with citation, the trial court dismissed appellant’s suit with prejudice on the basis that the claim was frivolous and had no arguable basis in law or fact. We affirm.

Facts

Appellant sued appellees, who are TDCJ officials, for common-law…