Arroyo v. Rodriguez

U.S. Court of Appeals for the Fifth Circuit

Arroyo v. Rodriguez

Opinion

No. 99-40807 -1-

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-40807 Summary Calendar

EDGAR S. ARROYO,

Plaintiff-Appellant,

versus

R. RODRIGUEZ; R. BLEDSOE, Officer; K. GUIDRY,

Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. G-96-CV-688 -------------------- April 5, 2000

Before JONES, SMITH and BENAVIDES, Circuit Judges.

PER CURIAM:*

Edgar S. Arroyo, Texas prisoner # 661872, challenges the

district court’s summary-judgment dismissal of his

42 U.S.C. § 1983

lawsuit asserting that he was falsely accused and found guilty of

possession of a contraband weapon in retaliation for having

utilized the prison grievance system. He argues that summary

judgment was error because he alleged a chronology of events from

which retaliatory motive could reasonably be inferred. He further

argues that the district court erred in denying his motions for the

appointment of counsel.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 99-40807 -2-

Because Arroyo has presented no more than his own

personal belief that he has been the victim of retaliation, his

retaliation claim was properly dismissed. See Johnson v.

Rodriguez,

110 F.3d 299, 310

(5th Cir. 1997); Woods v. Smith,

60 F.3d 1161, 1166

(5th Cir. 1995). Accordingly, the district court’s

judgment is AFFIRMED.

Arroyo has also failed to show exceptional circumstances

existed which mandated the appointment of counsel and has thus

failed to demonstrate that the district court abused its discretion

in refusing to appoint counsel. See Ulmer v. Chancellor,

691 F.2d 209, 212

(5th Cir. 1982). To the extent that Arroyo moves this

court for the appointment of counsel, his motion is DENIED.

AFFIRMED; MOTION DENIED.

Reference

Status
Unpublished