IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED June 5, 2009

No. 08-50491 Charles R. Fulbruge III Clerk

EFREN GARCIA,

Plaintiff - Appellant, v.

HECTOR MONTENEGRO, Individually; PAUL PEARSON, Individually; ELIZABETH VELOZ, Individually; JERRY MOLINOSKI, Individually,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Texas USDC No. 3:07-CV-123

Before KING, GARWOOD, and DAVIS, Circuit Judges. PER CURIAM:* The judgment below is affirmed essentially for the reasons set forth in the district court’s well-reasoned Memorandum Opinion and Order Granting Defendants’ Motion for Summary Judgment.

AFFIRMED.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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