Opinion

Sanchez v. Perez

  • 161 F.3d 8
  • 1998 WL 723846
Court
Court of Appeals for the Fifth Circuit
Filed
Oct 8, 1998
Status
Unpublished
Cited by
0 cases

The opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 98-40114

Summary Calendar

JUAN JORGE SANCHEZ,

Plaintiff-Appellant,

versus

ORLANDO PEREZ; ET AL.,

Defendants,

DAVID STOCKLEY; SAUL CRUZ;

MARTHA VILLAREAL,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. C-94-CV-180

- - - - - - - - - -

October 5, 1998

Before EMILIO M. GARZA, DeMOSS and BENAVIDES, Circuit Judges.

PER CURIAM:*

Juan Jorge Sanchez, Texas prisoner § 577512, argues that the

magistrate judge erred in determining that the defendants were

entitled to the defense of qualified immunity based on a clearly

erroneous determination that the defendants had not employed the

excessive use of force against Sanchez at the time of the

incident.

*

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that this opinion should not be published and is not precedent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.

No. 98-40114

-2-

We have reviewed the record provided by Sanchez, including

the magistrate judge’s order and reasons for dismissing Sanchez’s

claims and the briefs of the parties, and AFFIRM the dismissal of

Sanchez’s complaint substantially for the reasons relied upon by

the magistrate judge. See Sanchez v. Perez, No. C-94-CV-180

(S.D. Tex.; Oct. 30, 1997).

We have also determined that the magistrate judge did not

abuse his discretion in denying Sanchez’s motion for appointment

of counsel. See Ulmer v. Chancellor, 691 F.2d 209, 212 (5th Cir.

1982).

AFFIRMED.

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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