IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _______________ m 99-41331 _______________

DENNIS TREVINO, Plaintiff-Appellant, VERSUS CITY OF CORPUS CHRISTI; JUAN GARZA; HENRY GARRETT; JIMMY BRAY; NANCY MRAZAK; PETER MERKL; AND MICHAEL WALSH, Defendants-Appellees.

_________________________ Appeal from the United States District Court for the Southern District of Texas (C-97-CV-608) _________________________ August 30, 2000

Before SMITH and DENNIS, Circuit Dennis Trevino appeals a summary judg- Judges, and HARMON, District Judge.* ment entered in his civil rights action brought under 42 U.S.C. § 1983. His claims include PER CURIAM:** malicious prosecution and intentional infliction of emotional distress.

* District Judge of the Southern District of Texas, sitting by designation. ** (...continued) ** Pursuant to 5TH CIR. R. 47.5, the court has published and is not precedent except under the determined that this opinion should not be limited circumstances set forth in 5TH CIR. R. (continued...) 47.5.4.

We have examined the briefs and pertinent portions of the record and have heard the ar- guments of counsel. We find no reversible er- ror in any of the actions taken by the district court.

Specifically, we do not believe the court un- duly restricted discovery. On the issue of ma- licious prosecution, the district court carefully set forth all the facts and circumstances that easily establish probable cause to prosecute the plaintiff. Moreover, the defendants’ actions do not reach the level required for a finding of in- tentional infliction of emotional distress.

AFFIRMED.