* Local Rule 47.5 provides: "The publication of opinions

that have no precedential value and merely decide particular

cases on the basis of well-settled principles of law imposes

needless expense on the public and burdens on the legal

profession." Pursuant to that Rule, the court has determined

that this opinion should not be published.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-30846

Conference Calendar

__________________

ALCY JOSEPH, JR.,

 Plaintiff-Appellant,

versus

RAQUEL LEWIS, TROY SELF,

C.M. SMOTHERS, CONLEY MARTIN,

 Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. 95-CV-1874

- - - - - - - - - -

(October 18, 1995)

Before POLITZ, Chief Judge, and REAVLEY and SMITH, Circuit Judges.

PER CURIAM:*

Alcy Joseph, Jr. appeals the 28 U.S.C. § 1915(d) dismissal

of his civil rights complaint. A complaint filed in forma

pauperis may be dismissed if the complaint is frivolous. 28

U.S.C. § 1915(d); Eason v. Thaler, 14 F.3d 8, 9 (5th Cir. 1994). 

A plaintiff must allege and prove two elements to recover

under § 1983: 1) deprivation of a right secured by the

Constitution or laws of the United States, and 2) that the
No. 95-30846

-2-

defendant acted "`under color of state law.'" Leffall v. Dallas

Indep. Sch. Dist., 28 F.3d 521, 525 (5th. Cir. 1994). 

Joseph alleges that Raquel Lewis committed slander by

falsely calling him a Muslim because he does not eat pork. 

Joseph makes no allegation that any "stigma" occurred or that he

was deprived of a constitutional right. See San Jacinto Sav. &

Loan v. Kacal, 928 F.2d 697, 701-02 (5th Cir. 1991); Geter v.

Fortenberry, 849 F.2d 1550, 1556 (5th Cir. 1988). Thus, Joseph's

slander claim against Lewis is insufficient to establish § 1983

liability. 

Joseph alleges that Conley Martin committed slander by

accusing him of using profanity and that he lost his canteen

privileges as a result of the false accusations. Joseph alleged

that Troy Self "fail [sic] to provide adequate service when

handling policy administer [sic]," failed to follow institutional

policy and exercised favoritism. 

Joseph failed to allege that Martin's or Self's actions

deprived him of a constitutional right to entitle him to relief

under § 1983. 

Joseph alleges § 1983 liability against C.M. Smothers for

the actions of his subordinates. An official sued in his

personal capacity cannot be liable under § 1983 on the theory of

respondeat superior unless he was personally involved in the acts

causing deprivation of a constitutional right or a causal

connection exists between the act and the alleged constitutional

violation. Williams v. Luna, 909 F.2d 121, 123 (5th Cir. 1990). 
No. 95-30846

-3-

Joseph failed to allege the deprivation of a constitutional

right or that Smothers was personally involved or causally

connected to any deprivation. 

The district court did not abuse its discretion by

dismissing as frivolous Joseph's claims against the defendants. 

Because the appeal is frivolous and without merit, it is

DISMISSED. 5th Cir. R. 42.2. 

We caution Joseph that any additional frivolous appeals

filed by him or on his behalf will invite the imposition of

sanctions. To avoid sanctions, Joseph is further cautioned to

review all pending appeals to ensure that they do not raise

arguments that are frivolous because they have been previously

decided by this court. 

APPEAL DISMISSED; SANCTION WARNING GIVEN.