Summary Calendar BUI PHU XUAN v. JUDGE JOE DRAGO; HONORABLE TIM CURRY, Tarrant County District Attorney

* Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
March 13, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-11009
Summary Calendar
BUI PHU XUAN
Plaintiff - Appellant
v.
JUDGE JOE DRAGO; HONORABLE TIM CURRY, Tarrant County District
Attorney
Defendants - Appellees
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:06-CV-552
--------------------
Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.
PER CURIAM:*
Bui Phan Xuan filed the instant 42 U.S.C. § 1983 suit to
seek redress for damages caused when he was ordered to undergo an
HIV test and was falsely informed that he was HIV positive. The
district court determined that the suit was frivolous and
dismissed it. Xuan appeals the dismissal of his suit. He argues
that his suit is not barred by res judicata and that his claims
are valid.

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No. 06-11009
-2-
Xuan’s claims are legally and factually frivolous. See
Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997); Denton v.
Hernandez, 504 U.S. 25, 32-33 (1992). Consequently, the judgment
of the district court is AFFIRMED. See Harper v. Showers, 174
F.3d 716, 719 (5th Cir. 1999).

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