IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-50715 Summary Calendar

ANTHONY MARSH,

Plaintiff-Appellant,

versus

EULALIO M. ACOSTA, Correctional Officer, Hughes Unit; RANDAL T. EASLEY, Sergeant, Connally Unit, Kenedy, Texas; WAYNE M. HUNTLEY, Lieutenant, Telford Unit, New Boston, Texas,

Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. USDC No. W-95-CV-331 -------------------- April 10, 2000

Before DAVIS, EMILIO M. GARZA and DENNIS, Circuit Judges.

PER CURIAM:*

Anthony Marsh, # 449654, appeals the dismissal of his civil

rights complaint pursuant to

(e)(2)(B)(ii).

Marsh’s argument that he did not receive notice of the district

court’s dismissal of his suit lacks a factual predicate. Marsh

argues that his substantive due process rights were violated when

he was wrongly punished for threatening a prison guard. His

claim is frivolous inasmuch as Marsh lacks a protectable property

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 97-50715 -2-

or liberty interest in the classification he received after the

disciplinary hearing. See Sandin v. Conner,

(1995);

Whitley v. Hunt,

(5th Cir. 1998).

Marsh also argues that the defendants conspired to retaliate

against him because of his political activities. This claim

lacks merit given documentation produced by Marsh that he was

suspected of gang activity, and he has not alleged a chronology

of events from which retaliation may plausibly be inferred. See

Woods v. Smith,

(5th Cir. 1995).

AFFIRMED.

Marsh’s motion to strike the appellee’s letter brief is

DENIED.