Sims v. McDowell
Sims v. McDowell
Opinion
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 00-40118 Conference Calendar
DAMON SIMS,
Plaintiff-Appellant,
versus
DAVID W. MCDOWELL, Captain, Beto I; Chuck BISCOE, Warden, Beto I; Danny Grazious, Correctional Officer II, Beto I,
Defendant-Appellee.
-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:99-CV-182 -------------------- August 23, 2000
Before KING, Chief Judge, and POLITZ and WIENER, Circuit Judges
PER CURIAM:*
Damon Sims (TDCJ # 641674) appeals the magistrate judge’s
dismissal of his pro se and in forma pauperis (IFP) civil rights
complaint pursuant to 28 U.S.C. § 1915A. Sims asserts that he
was denied due process in connection with a disciplinary
proceeding.
Prisoner complaints may be dismissed under § 1915A if they
are “frivolous, malicious, or fail[] to state a claim upon which
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 00-40118 -2-
relief may be granted[.]” See § 1915A(b)(1); Ruiz v. United
States,
160 F.3d 273, 274(5th Cir. 1998). A dismissal under
§ 1915A is reviewed de novo. Ruiz,
160 F.3d at 275.
The magistrate judge did not err by concluding that Sims has
not shown the violation of a protected liberty interest in
connection with the disciplinary proceeding. See Malchi v.
Thaler,
211 F.3d 953, 958(5th Cir. 2000); Madison v. Parker,
104 F.3d 765, 767-68(5th Cir. 1997). The judgment is thus
AFFIRMED. All outstanding motions are DENIED.
AFFIRMED; MOTIONS DENIED.
Reference
- Status
- Unpublished