Filed: Nov. 30, 1999
Latest Update: Mar. 02, 2020
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 98-20469 Summary Calendar _ GARY LYNN MORGAN, Plaintiff-Appellant, versus DOUGLAS DRETKE, Warden; EARL FOX; BILL GRAY; JERRY BARRETT, Defendants-Appellees. _ Appeal from the United States District Court for the Southern District of Texas USDC No. H:97-CV-941 _ November 26, 1999 Before JOLLY, JONES, and BENAVIDES, Circuit Judges. PER CURIAM:* Gary Lynn Morgan, Texas Prisoner No. 689634, appeals the district court’s dismissal of his 42 U.S
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 98-20469 Summary Calendar _ GARY LYNN MORGAN, Plaintiff-Appellant, versus DOUGLAS DRETKE, Warden; EARL FOX; BILL GRAY; JERRY BARRETT, Defendants-Appellees. _ Appeal from the United States District Court for the Southern District of Texas USDC No. H:97-CV-941 _ November 26, 1999 Before JOLLY, JONES, and BENAVIDES, Circuit Judges. PER CURIAM:* Gary Lynn Morgan, Texas Prisoner No. 689634, appeals the district court’s dismissal of his 42 U.S...
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UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 98-20469
Summary Calendar
_____________________
GARY LYNN MORGAN,
Plaintiff-Appellant,
versus
DOUGLAS DRETKE, Warden; EARL FOX;
BILL GRAY; JERRY BARRETT,
Defendants-Appellees.
_________________________________________________________________
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H:97-CV-941
_________________________________________________________________
November 26, 1999
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Gary Lynn Morgan, Texas Prisoner No. 689634, appeals the
district court’s dismissal of his 42 U.S.C. § 1983 prisoner civil
rights claim as frivolous after a Spears1 hearing. All of Morgan’s
outstanding motions are DENIED. Morgan’s allegation that he was
forced to work in the utility squad after an injury is, at best, a
claim of negligence; the district court thus did not abuse its
discretion in dismissing the claim. See Varnado v. Lynaugh,
920
F.2d 320, 321 (5th Cir. 1991). Morgan’s argument that his First
*
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this opinion should not be published and is not precedent except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.
1
Spears v. McCotter,
766 F.2d 179 (5th Cir. 1985).
Amendment right to freedom of speech was violated when he was
punished for sending a letter to a prison guard that “expressed his
feelings” for her lacks merit. See Gibbs v. King,
779 F.2d 1040,
1045 (5th Cir. 1986). Morgan has not argued or shown that his
punishment for sending the letter imposed an “atypical and
significant hardship on the inmate in relation to the ordinary
incidents of prison life.” See Sandin v. Conner,
515 U.S. 472, 484
(1995); Orellana v. Kyle,
65 F.3d 29, 31 (5th Cir. 1995).
Finally, the district court did not abuse its discretion in
dismissing Morgan’s failure-to-protect claim as frivolous. See
Davidson v. Cannon,
474 U.S. 344, 347-48 (1986); Neals v. Norwood,
59 F.3d 530, 533 (5th Cir. 1995).
AFFIRMED; ALL OUTSTANDING MOTIONS DENIED.
2