Godaire v. Lomo

U.S. Court of Appeals for the Fifth Circuit

Godaire v. Lomo

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT ___________________

No. 99-40322 Summary Calendar __________________

RAYMOND PETER GODAIRE,

Plaintiff-Appellant,

versus

ADJETEY LOMO,

Defendant-Appellee. _________________________________________________________________

Appeal from the United States District Court for the Southern District of Texas (G-96-CV-475) _________________________________________________________________

December 15, 1999

Before SMITH, BARKSDALE, and PARKER, Circuit Judges.

PER CURIAM:*

Raymond Peter Godaire, (TDCJ # 613522), appeals the district

court’s dismissal, as frivolous, of his civil rights complaint. He

contends that the court erred by dismissing his complaint on the

basis that it would not ultimately be successful.

We review the dismissal of an action as frivolous for abuse of

discretion. Booker v. Koonce,

2 F.3d 114, 115

(5th Cir. 1993). It

is inappropriate to dismiss a claim because its realistic chance of

ultimate success is slight; on the other hand, dismissal because

the claim has no realistic chance of success is proper.

Id. at 114

,

115-16 & n.9. Although he maintains that the record was not

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. sufficiently developed to permit dismissing the complaint as

frivolous, Godaire was allowed to develop his claims by providing

specific responses to the magistrate judge’s questionnaire. See

Eason v. Thaler,

14 F.3d 8, 9-10

(5th Cir. 1994).

For his claim to be successful, Godaire was required to

establish that Dr. Lomo was either personally involved in the

constitutional deprivation or that Dr. Lomo’s acts were causally

connected to the deprivation alleged. See Woods v. Edwards,

51 F.3d 577, 583

(5th Cir. 1995). Godaire failed to make such a

showing. Accordingly, the district court did not abuse its

discretion.

AFFIRMED

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Reference

Status
Unpublished