IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-10193 Conference Calendar

BILLY R. CONNOR,

Plaintiff-Appellant,

versus

CHARLES MARMOLEJO, CHARLES REED, J. KELLER, DALE BROWN, Warden, FCI, Big Spring, TX; SANDRA KAZ,

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 1:95-CV-135 - - - - - - - - - - October 24, 1996 Before POLITZ, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:*

Billy R. Connor appeals the summary-judgment dismissal of

his complaint pursuant to

. Connor’s § 1983

complaint is construed as an action brought pursuant to Bivens v.

Six Unknown Named Agents,

(1971), because it alleges

a civil rights violation by federal defendants. See Stephenson

v. Reno,

, 26 n.1 (5th Cir. 1994). Connor contends

that the district court erred by granting summary judgment

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 96-10193 - 2 -

because he raised genuine issues of material fact. We have

reviewed the record and Connor’s brief and AFFIRM the district

court’s grant of summary judgment for essentially the same

reasons set forth by the district court. Connor v. Marmolejo et

al., No. 1:95-CV-135 (N.D. Tx. Jan. 29, 1996).

AFFIRMED.