IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-60726 Conference Calendar

DAVID GRAY,

Plaintiff-Appellant,

versus

STEVE PUCKETT, Commissioner of Mississippi Department of Corrections; DAVID TURNER, Acting Superintendent South Mississippi Correctional Institute-I; MICHAEL BURNHART, Captain, Mississippi Department of Corrections, South Mississippi Correctional Institute-I; JANE DOE, Employee, South Mississippi Correctional Institute, Leakesville, MS, Individual Capacity; ROGER COOK, Acting Superintendent, South Mississippi Correctional Institute-I (now retired),

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Mississippi USDC No. 2:97-CV-205-PG - - - - - - - - - -

December 14, 1999

Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.

PER CURIAM:*

David Gray, Mississippi prisoner # 01440, appeals the

judgment in favor of the defendants following a bench trial in

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 98-60726 -2-

his

complaint. Gray argues that the defendants

used excessive force during a shakedown, denied him a medical

examination and treatment, and conducted an unreasonable search

and seizure during the shakedown.

We are unable to review Gray’s claims, which relate only to

the bench trial, because he has failed to order a transcript of

the trial. Fed. R. App. P. 10(b)(2); Richardson v. Henry,

(5th Cir. 1990); Coats v. Pierre,

(5th Cir. 1989). Accordingly, Gray’s appeal is DISMISSED. 5TH

CIR. R. 42.3.2.