Filed: Nov. 13, 1996
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-40416 Summary Calendar JOHN EDWARD EASTER, Plaintiff-Appellant, versus BRANDEE FERGUSON, Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:94-CV-712 - - - - - - - - - - October 31, 1996 Before GARWOOD, JOLLY and DENNIS, Circuit Judges. PER CURIAM:* John Edward Easter, Texas prisoner # 622867, proceeding pro se and in forma pauperis (IFP), appeals the
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-40416 Summary Calendar JOHN EDWARD EASTER, Plaintiff-Appellant, versus BRANDEE FERGUSON, Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:94-CV-712 - - - - - - - - - - October 31, 1996 Before GARWOOD, JOLLY and DENNIS, Circuit Judges. PER CURIAM:* John Edward Easter, Texas prisoner # 622867, proceeding pro se and in forma pauperis (IFP), appeals the d..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40416
Summary Calendar
JOHN EDWARD EASTER,
Plaintiff-Appellant,
versus
BRANDEE FERGUSON,
Defendant-Appellee.
- - - - - - - - - -
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:94-CV-712
- - - - - - - - - -
October 31, 1996
Before GARWOOD, JOLLY and DENNIS, Circuit Judges.
PER CURIAM:*
John Edward Easter, Texas prisoner # 622867, proceeding pro
se and in forma pauperis (IFP), appeals the district court’s
grant of summary judgment, dismissing his 42 U.S.C. § 1983
complaint. Easter contends that he was deprived of his
constitutional rights because he was prohibited from receiving
publications that contained sexually explicit photographs.
*
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that this opinion should not be published and is not precedent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. 96-40416
- 2 -
After conducting a de novo review and applying the same
standard as a district court, Brewer v. Wilkinson,
3 F.2d 816,
819-20 (5th Cir. 1993), we AFFIRM the judgment of the district
court. The limitation placed on Easter’s First Amendment rights
due to the censorship of the materials he requested did not
amount to a constitutional violation. See Guajardo v. Estelle,
580 F.2d 760, 761-62 (5th Cir. 1978); see Thompson v. Patteson,
985 F.2d 202 (5th Cir. 1993). Easter did not demonstrate a
violation of equal protection.
Thompson, 985 F.2d at 207. Texas
provides an adequate postdeprivation remedy for property-loss
claims. Murphy v. Collins,
26 F.3d 541, 543-44 (5th Cir. 1994).
Easter’s blackmail and conspiracy claims are abandoned.
Yohey v. Collins,
985 F.2d 222, 225 (5th Cir. 1993)(issues must
be briefed to be preserved on appeal). Any claims relating to
September publications are also abandoned pursuant to Easter’s
request.
Easter’s motion for a trial is DENIED.
AFFIRMED.