IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-40657

MICHAEL T. JONES,

Plaintiff-Appellant,

versus

JOHNNY M. MILES; EVELYN CASTRO, Sergeant; NOE V. BOTELLO,

Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. C-00-CV-163 --------------------

December 22, 2000 ON PETITION FOR REHEARING

Before SMITH, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Michael T. Jones, Texas prisoner No. 419729, has petitioned

for panel rehearing of this court’s affirmance of the district

court’s dismissal of a civil rights complaint as frivolous

pursuant to

(e)(2)(B)(i) and (ii). Appellant’s

petition for rehearing is GRANTED and the prior opinion is

MODIFIED to add the following:

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 00-40657 -2-

Jones’s allegations of retaliation fail to establish that

Sergeant Miles retaliated against Jones because of his exercise

of a constitutional right. McDonald v. Steward,

(5th Cir. 1998). Jones’s personal belief that he is the

victim of retaliation is inadequate to establish a constitutional

violation. Johnson v. Rodriguez,

(5th Cir.

1997).

AFFIRMED.