UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_____________________

No. 98-20469 Summary Calendar _____________________

GARY LYNN MORGAN,

Plaintiff-Appellant,

versus

DOUGLAS DRETKE, Warden; EARL FOX; BILL GRAY; JERRY BARRETT,

Defendants-Appellees. _________________________________________________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. H:97-CV-941 _________________________________________________________________

November 26, 1999

Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Gary Lynn Morgan, Texas Prisoner No. 689634, appeals the

district court’s dismissal of his

prisoner civil

rights claim as frivolous after a Spears1 hearing. All of Morgan’s

outstanding motions are DENIED. Morgan’s allegation that he was

forced to work in the utility squad after an injury is, at best, a

claim of negligence; the district court thus did not abuse its

discretion in dismissing the claim. See Varnado v. Lynaugh,

(5th Cir. 1991). Morgan’s argument that his First

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 1 Spears v. McCotter,

(5th Cir. 1985). Amendment right to freedom of speech was violated when he was

punished for sending a letter to a prison guard that “expressed his

feelings” for her lacks merit. See Gibbs v. King,

(5th Cir. 1986). Morgan has not argued or shown that his

punishment for sending the letter imposed an “atypical and

significant hardship on the inmate in relation to the ordinary

incidents of prison life.” See Sandin v. Conner,

(1995); Orellana v. Kyle,

(5th Cir. 1995).

Finally, the district court did not abuse its discretion in

dismissing Morgan’s failure-to-protect claim as frivolous. See

Davidson v. Cannon,

(1986); Neals v. Norwood,

(5th Cir. 1995).

AFFIRMED; ALL OUTSTANDING MOTIONS DENIED.

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