The opinion
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-40833
Summary Calendar
TRACY B. BROWN,
Plaintiff-Appellant,
versus
JOANN DAVIS; KRISTEN L. LORMAN;
FRANCES ALMENDAREZ; DAVE METTING,
Defendants-Appellees.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-98-CV-107
February 22, 1999
Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.
PER CURIAM:*
Tracy Brian Brown, Texas prisoner # 656394, appeals the
dismissal of his suit pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).
Brown contends that the magistrate judge erroneously construed his
conspiracy complaint pursuant to 42 U.S.C. § 1985(3), rather than
§ 1985(2) and 42 U.S.C. § 1983, and that the magistrate judge
impermissibly considered the merits of his retaliation claim.
We have reviewed the record and Brown’s brief and AFFIRM the
magistrate judge’s dismissal. Brown’s claim that the defendants
*
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opinion should not be published and is not precedent except under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.
conspired to submit an altered government record and a perjured
affidavit in a federal habeas corpus proceeding fails to state a
claim under § 1985(2). See Nealy v. Hamilton, 837 F.2d 210, 212
(5th Cir. 1988); Babb v. Dorman, 33 F.3d 472, 476 (5th Cir. 1994).
To the extent that Brown presents his conspiracy claim pursuant to
§ 1983, his bald allegations based upon his own personal belief are
insufficient to state a § 1983 claim. See Babb, 33 F.3d at 476.
In addition, Brown’s conclusional allegations of retaliatory
conduct are insufficient to state a cognizable claim under § 1983.
See Whittington v. Lynaugh, 842 F.2d 818, 821 (5th Cir. 1988).
Brown’s motion to supplement his brief is DENIED.
AFFIRMED. MOTION DENIED.
2