Donald Ray Frank v. Charles Terrell

The plaintiff, Donald Ray Frank, filed this action under 42 U.S.C. § 1983, complaining that the Texas Department of Corrections (TDC) has failed and refused to provide him with certain religious materials, such as six books and a prayer shawl, a tallit, sermon tapes, and a kippah. He does not assert that he is forbidden to possess and use these items in the exercise of his religious belief. Instead, he complains that the TDC refuses to furnish the items, free of charge, for his use. The district court, per Judge William Wayne Justice, dismissed the action as frivolous pursuant to 28 U.S.C. §…