___________

No. 95-4117 ___________

Tommy Lee Johnson, Jr., * * Appellant, * * Nelson McAlpine, * * Appeal from the United States Plaintiff, * District Court for the * Northern District of Iowa. v. * * [UNPUBLISHED] Lt. Luensman; C/O Tope; C/O * Sprau; C/O Dunyon; C/O Andrews; * Hilton; Larry Brimeyer, * * Appellees. *

___________

Submitted: August 12, 1996

Filed: August 28, 1996 ___________

Before BEAM, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. ___________

PER CURIAM.

Tommy Lee Johnson appeals from the district court’s1 28 U.S.C. § 1915(d) dismissal of his 42 U.S.C. § 1983 complaint alleging racial discrimination and cruel and unusual punishment at the Iowa Men’s Reformatory. After reviewing the district court file and Johnson’s brief, we conclude the district court did not abuse its discretion, and we affirm. See 8th Cir. R. 47B.

1 The Honorable Mark W. Bennett, United States District Judge for the Northern District of Iowa. A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

-2-