Filed: Nov. 06, 1996
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-40399 Conference Calendar KENNETH M. SMALL, Plaintiff-Appellant, versus DEVERY W. MOONEYHAM, Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for Southern District of Texas USDC No. CA-C-95-398 - - - - - - - - - - October 24, 1996 Before POLITZ, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges. PER CURIAM:* Kenneth M. Small (#547619) appeals the district court’s order granting Devery Moo
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-40399 Conference Calendar KENNETH M. SMALL, Plaintiff-Appellant, versus DEVERY W. MOONEYHAM, Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for Southern District of Texas USDC No. CA-C-95-398 - - - - - - - - - - October 24, 1996 Before POLITZ, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges. PER CURIAM:* Kenneth M. Small (#547619) appeals the district court’s order granting Devery Moon..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40399
Conference Calendar
KENNETH M. SMALL,
Plaintiff-Appellant,
versus
DEVERY W. MOONEYHAM,
Defendant-Appellee.
- - - - - - - - - -
Appeal from the United States District Court
for Southern District of Texas
USDC No. CA-C-95-398
- - - - - - - - - -
October 24, 1996
Before POLITZ, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.
PER CURIAM:*
Kenneth M. Small (#547619) appeals the district court’s
order granting Devery Mooneyham’s motion for summary judgment.
Small contends that Mooneyham, a disciplinary hearing captain,
infringed upon his due process rights in finding him guilty of
the charge of disruption of operations. Because Small has failed
to raise an issue which is cognizable under 42 U.S.C. § 1983, we
AFFIRM the district court’s judgment. See Sandin v. Conner,
115
S. Ct. 2293, 2300 (1995).
*
Pursuant to Local Rule 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.
No.
- 2 -
AFFIRMED.