IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-10165 Summary Calendar

JOHN MARCUS GORDY, Plaintiff-Appellant, versus

TOM COWAN, Etc., ET AL.,

Defendants, AA WRECKER SERVICE, John Doe, Owner; DONNY DENMAN, also known as John Doe, Owner of AA Wrecker Service; SHIRLEY DENMAN, Owner of AA Wrecker Service, Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 4:94-CV-250-E -------------------- June 21, 2000 Before DAVIS, EMILIO M. GARZA and DENNIS, Circuit Judges.

PER CURIAM:* John Marcus Gordy, Texas prisoner # 644401, appeals the district court’s grant of summary judgment sua sponte in favor of AA Wrecker Service. Gordy contends that 1) the district court was not authorized to grant summary judgment sua sponte, and 2) the district court erred in granting summary judgment.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 99-10165 -2- We have reviewed the record and briefs submitted by the parties and find no error. See Washington v. Resolution Trust Corp., 68 F.3d 935, 939 (5th Cir. 1995); Babb v. Dorman, 33 F.3d 472, 476 (5th Cir. 1994); Murphy v. Collins, 26 F.3d 541, 543 (5th Cir. 1994); United States v. Thomas, 973 F.2d 1152, 1156 & n.3 (5th Cir. 1992).

AFFIRMED.