IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 97-40075 Summary Calendar _____________________

DIOTSIS DEE SMITH,

Plaintiff-Appellant,

versus

TYLER POLICE DEPARTMENT; MEDICAL STAFF AT SMITH COUNTY JAIL; RICHARD M. SMITH, Officer; TOM DEAL, Officer,

Defendants-Appellees. _________________________________________________________________

Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:95-CV-362 _________________________________________________________________ January 7, 1998

Before JOLLY, BENAVIDES, and PARKER, Circuit Judges.

PER CURIAM:*

Texas state prisoner Diotsis Dee Smith, No. 654148, proceeding

pro se, appeals from the magistrate judge’s dismissal of his

claims of excessive force used during his arrest and

deliberate indifference to a serious health risk of contracting

tuberculosis by being placed in a cell with inmates infected with

tuberculosis.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. He argues on appeal that the magistrate judge did not consider

all of the facts Smith presented. He also implies that the

magistrate judge did not conduct fair and impartial hearings.

A review of the hearing conducted in accordance with Spears v.

McCotter,

, 180-81 (5th Cir. 1985), the memorandum

opinion and partial order of dismissal following the hearing, and

the memorandum opinion and order following his trial on his

excessive force claims reveals that the magistrate judge considered

all of the evidence presented to her and conducted fair hearings.

Furthermore, we AFFIRM the magistrate judge’s orders

dismissing Smith’s claims essentially for the reasons set forth in

the magistrate judge’s memorandum opinions and orders of dismissal.

Smith v. Tyler Police Department, et al., No. 6:95-CV-362 (E.D.

Tex., May 1, 1996, and Dec. 12, 1996).

A F F I R M E D.

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