Filed: Jun. 13, 2001
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-21097 Conference Calendar LAWRENCE J. BALTIMORE, Plaintiff-Appellant, versus TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-00-CV-2549 - - - - - - - - - - June 13, 2001 Before WIENER, DeMOSS, and DENNIS, Circuit Judges. PER CURIAM:* Lawrence J. Baltimore, Texas prisoner # 410781, appeals the district court’s d
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-21097 Conference Calendar LAWRENCE J. BALTIMORE, Plaintiff-Appellant, versus TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-00-CV-2549 - - - - - - - - - - June 13, 2001 Before WIENER, DeMOSS, and DENNIS, Circuit Judges. PER CURIAM:* Lawrence J. Baltimore, Texas prisoner # 410781, appeals the district court’s di..
More
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-21097
Conference Calendar
LAWRENCE J. BALTIMORE,
Plaintiff-Appellant,
versus
TEXAS DEPARTMENT OF
CRIMINAL JUSTICE,
Defendant-Appellee.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CV-2549
- - - - - - - - - -
June 13, 2001
Before WIENER, DeMOSS, and DENNIS, Circuit Judges.
PER CURIAM:*
Lawrence J. Baltimore, Texas prisoner # 410781, appeals the
district court’s dismissal of his 42 U.S.C. § 1983 complaint for
failure to state a claim and as frivolous pursuant to 28 U.S.C.
§ 1915. He argues that the district court erred in dismissing
his complaint in light of the factual disputes and that the
actions of the appellee’s employees violated the Americans with
Disabilities Act (ADA).
*
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that this opinion should not be published and is not precedent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. 00-21097
-2-
The district court shall dismiss a prisoner’s in forma
pauperis civil rights complaint if the court determines that the
action is frivolous or fails to state a claim upon which relief
may be granted. Black v. Warren,
134 F.3d 732, 733 (5th Cir.
1998); see 28 U.S.C. § 1915(e)(2)(B)(i) & (ii), respectively.
The Due Process Clause does not, by itself, endow a prisoner
with a protected liberty interest in the location of his
confinement. Meachum v. Fano,
427 U.S. 215, 225 (1976).
Further, a prisoner has no constitutional right to be housed in
any particular facility. Olim v. Wakinekona,
461 U.S. 238,
244-45 (1983). The placement of Baltimore in close confinement
or the restriction of commissary privileges as a result of the
disciplinary hearings did not violate a protected liberty
interest. Sandin v. Conner,
515 U.S. 472, 485 (1995).
Baltimore’s refusal to work amounted to a disagreement with his
medical classification, which is not cognizable in a 42 U.S.C.
§ 1983 action. Wilson v. Budney,
976 F.2d 957, 958 (5th Cir.
1992). Finally, as there was no evidence that Baltimore was to
be housed in a handicapped facility, even if the ADA applies in
this case, Baltimore cannot show that his housing selection
violated the ADA. The judgment of the district court is
AFFIRMED.