Filed: Sep. 16, 1999
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-60311 Summary Calendar LARRY L. LUCKETT, Plaintiff-Appellant, versus ANN L. LEE; ETHEL CARLIZE; WILLIE M. WILLIAMS; JAMES BREWER; J. SPIVEY; RANDY ROBINSON, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Mississippi USDC No. 4:96-CV-204-S-D - - - - - - - - - - September 14, 1999 Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges. PER CURIAM:* Larry L. Luc
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-60311 Summary Calendar LARRY L. LUCKETT, Plaintiff-Appellant, versus ANN L. LEE; ETHEL CARLIZE; WILLIE M. WILLIAMS; JAMES BREWER; J. SPIVEY; RANDY ROBINSON, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Mississippi USDC No. 4:96-CV-204-S-D - - - - - - - - - - September 14, 1999 Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges. PER CURIAM:* Larry L. Luck..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-60311
Summary Calendar
LARRY L. LUCKETT,
Plaintiff-Appellant,
versus
ANN L. LEE; ETHEL CARLIZE; WILLIE M. WILLIAMS;
JAMES BREWER; J. SPIVEY; RANDY ROBINSON,
Defendants-Appellees.
- - - - - - - - - -
Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 4:96-CV-204-S-D
- - - - - - - - - -
September 14, 1999
Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Larry L. Luckett, a Mississippi prisoner (# 42982), appeals
the district court’s order granting summary judgment to the
defendants in his civil rights action.
Luckett alleged that the defendants retaliated against him
for filing lawsuits and prison grievances, by issuing a false
Rules Violation Report (“RVR”) against him, and then convicting
him of the rules violation and placing him in close confinement.
The district court did not err in concluding that there was no
*
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that this opinion should not be published and is not precedent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. 98-60311
-2-
genuine issue of material fact as to whether the defendants
retaliated against Luckett. See FED. R. CIV. P. 56(c) and (e);
Celotex Corp. v. Catrett,
477 U.S. 317, 325 (1996). Luckett has
not produced direct evidence or alleged a “chronology of events”
from which retaliation may be inferred. See Woods v. Smith,
60
F.3d 1161, 1166 (5th Cir. 1995). Moreover, he has repeatedly
admitted to the primary conduct--sexual relations with another
inmate--that formed the basis of the challenged RVR. Luckett’s
allegations about being placed in close confinement do not state
a cognizable constitutional claim, because he had no protected
liberty interest in remaining in his prison’s general population.
See Sandin v. Conner,
515 U.S. 472, 484-85 (1995). The judgment
of the district court is AFFIRMED.
AFFIRMED.