Gray v. Turner
Gray v. Turner
Opinion
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 00-60353 Summary Calendar
DAVID GRAY,
Plaintiff-Appellant,
versus
DAVID TURNER, Superintendent Southern Mississippi Correctional Institution; MICHAEL BERNHARDT, Captain, Southern Mississippi Correctional Institution; HUBERT JORDAN, Lieutenant, Southern Mississippi Correctional Institution; JERRY WALLY, Lieutenant, Southern Mississippi Correctional Institution; JACKIE LANCASTER, Lieutenant, Southern Mississippi Correctional Institution; RANDY ANDERSON, Lieutenant, Southern Mississippi Correctional Institution; ARTIS BYRD, Sergeant, Southern Mississippi Correctional Institution; ANDREW MILLS; ANN REID, Case Manager; SHELIA FANCHER, Deputy Warden,
Defendants-Appellees.
- - - - - - - - - - Appeal from the United States District Court for the Southern District of Mississippi USDC No. 2-99-CV-64-PC - - - - - - - - - - November 2, 2000
Before DAVIS, JONES, and DeMOSS, Circuit Judges.
PER CURIAM:*
David Gray, Mississippi prisoner # 01440, appeals from the
magistrate judge’s dismissal of his
42 U.S.C. § 1983complaint
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 00-60353 -2-
for failure to state a claim pursuant to
28 U.S.C. § 1915(e)(2)(B)(ii). Gray alleges that the defendants retaliated
against him for filing a prior civil action.
A dismissal of an in forma pauperis complaint for failure to
state a claim pursuant to § 1915(e)(2)(B)(ii) is reviewed de
novo. See Black v. Warren,
134 F.3d 732, 734(5th Cir. 1998).
To establish a claim of retaliation, a prisoner must show “(1) a
specific constitutional right, (2) the defendant’s intent to
retaliate against the prisoner for his or her exercise of that
right, (3) a retaliatory adverse act, and (4) causation.”
McDonald v. Steward,
132 F.3d 225, 231(5th Cir. 1998).
Gray has failed to allege more than his personal belief that
he is the victim of retaliation. Johnson v. Rodriguez,
110 F.3d 299, 310(5th Cir. 1997). Because Gray has failed to state a
valid claim for retaliation, the judgment of the district court
is AFFIRMED.
Reference
- Status
- Unpublished