Opinion

Brown v. Thompson

  • 96 F.3d 1443
  • 1996 WL 511960
Court
Court of Appeals for the Fifth Circuit
Filed
Aug 26, 1996
Status
Unpublished
Cited by
0 cases

The opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 96-20538

Conference Calendar

ALFRONZO BROWN,

Plaintiff-Appellant,

versus

S. THOMPSON, Sgt.,

Defendant-Appellee.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. CA-H-95-5386

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August 22, 1996

Before KING, DUHÉ, and DeMOSS, Circuit Judges.

PER CURIAM:*

Alfronzo Brown (#627935) appeals the dismissal of his civil

rights complaint pursuant to 28 U.S.C. § 1915(d), now

§ 1915(e)(2)(B)(i). Brown contends that appellee deprived him of

his liberty by writing a false disciplinary report in retaliation

against him for using the prison’s grievance procedures.

We have reviewed the record and Brown’s brief and find no

reversible error in the reasoning set forth by the district

*

Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule

47.5.4.

No. 96-20538

- 2 -

court. Brown v. Thompson, No. CA-H-95-5386 (S.D. Tex. May 17,

1996). Brown has failed to produce direct evidence of motivation

or allege a chronology of events from which retaliation may

plausibly be inferred. Woods v. Smith, 60 F.3d 1161, 1165 (5th

Cir. 1995), cert. denied, 116 S. Ct. 800 (1996). The discipline

imposed upon Brown, i.e.., loss of status, limited commissary

privileges, and the transfer to another facility, did not

infringe on a protected liberty interest that would implicate due

process concerns. Sandin v. Conner, 115 S. Ct. 2293, 2300-01

(1995). Further, we find that Brown’s appeal is frivolous, and

accordingly, we DISMISS it pursuant to 5th Cir. R. 42.2.

We caution Brown that any additional frivolous appeals filed

by him will invite the imposition of sanctions. To avoid

sanctions, Brown is further cautioned to review any pending

appeals to ensure that they do not raise arguments that are

frivolous.

APPEAL DISMISSED. SANCTION WARNING ISSUED.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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