IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-10694 Conference Calendar

RAYMOND KING,

Plaintiff-Appellant,

versus

GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION; JOHN DOES, Officer; JANE DOES, Officer; TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION,

Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 5:97-CV-390-C -------------------- August 24, 2000

Before KING, Chief Judge, and POLITZ and WIENER, Circuit Judges.

PER CURIAM:*

Raymond King, Texas prisoner No. 636040, appeals the

district court’s dismissal of his civil rights complaint and

moves this court for a protective order. The motion for a

protective order is DENIED. King’s complaint challenges the

defendants’ interpretation of the Texas Department of Criminal

Justice (TDCJ) regulations concerning inmates’ receipt of

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 99-10694 -2-

sexually explicit materials. He alleges that his Equal

Protection rights have been violated because the TDCJ “approved

publication list” includes magazines featuring lesbian activity,

but it omits other magazines specializing in minority lesbian

subjects. King cannot establish an equal protection violation

because he does not suggest that he has been treated differently

from any other TDCJ prisoner. Thompson v. Patteson,

(5th Cir. 1993). At best, he has alleged only

inconsistent censorship, which is insufficient to support an

equal protection violation.

AFFIRMED; MOTION FOR PROTECTIVE ORDER DENIED.