Filed: Dec. 16, 1999
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-40717 Conference Calendar BRISON KEITH HUMPHREY, Plaintiff-Appellant, versus DOMINGO CARRILLO; RICHARD CRITES, Captain; D. BLACKWELL, Captain; GABRIEL D. PACHECO, Defendants-Appellees. - Appeal from the United States District Court for the Southern District of Texas USDC No. C-98-CV-463 - December 15, 1999 Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges. PER CURIAM:* Brison Keith Humphrey, Texas prisoner # 582721, appea
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-40717 Conference Calendar BRISON KEITH HUMPHREY, Plaintiff-Appellant, versus DOMINGO CARRILLO; RICHARD CRITES, Captain; D. BLACKWELL, Captain; GABRIEL D. PACHECO, Defendants-Appellees. - Appeal from the United States District Court for the Southern District of Texas USDC No. C-98-CV-463 - December 15, 1999 Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges. PER CURIAM:* Brison Keith Humphrey, Texas prisoner # 582721, appeal..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-40717
Conference Calendar
BRISON KEITH HUMPHREY,
Plaintiff-Appellant,
versus
DOMINGO CARRILLO; RICHARD CRITES, Captain;
D. BLACKWELL, Captain; GABRIEL D. PACHECO,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-98-CV-463
--------------------
December 15, 1999
Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Brison Keith Humphrey, Texas prisoner # 582721, appeals the
dismissal of his civil rights action under 42 U.S.C. § 1983 as
frivolous. Humphrey’s allegation that disciplinary charges were
brought against him because of his race is conclusional and will
not support a claim under § 1983. Baker v. Putnal,
75 F.3d 190,
195 (5th Cir. 1996).
Humphrey has not alleged a violation of his due process
rights in the disciplinary hearing because he does not have a
*
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that this opinion should not be published and is not precedent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. 99-40717
-2-
protectable liberty interest in his custodial classification
Sandin v. Conner,
515 U.S. 472, 485 (1995); Neals v. Norwood,
59
F.3d 530, 533 (5th Cir. 1995).
Humphrey has not shown that prison officials subjected him
to cruel and unusual punishment by placing him in administrative
segregation because he has epilepsy. Humphrey’s assertion that
the openings in the doors in administrative segregation are not
large enough to allow a guard to see if he is having a seizure
does not raise an inference of an excessive risk to his safety.
Wilson v. Seiter,
501 U.S. 294, 303 (1991); Farmer v. Brennan,
511 U.S. 825, 847 (1994).
Humphrey’s appeal is without arguable merit and is
frivolous. See Howard v. King,
707 F.2d 215, 219-20 (5th Cir.
1983). Because the appeal is frivolous, it is DISMISSED. See
5TH CIR. R. 42.2. Accordingly, Humphrey’s motion for preliminary
injunction is DENIED.
Humphrey had one verified strike, Humphrey v. Torres, No.
2:98cv399 (S.D. Tex. Dec. 11, 1998)(unpublished). Because of the
district court’s dismissal as frivolous of the original action
and this court’s dismissal as frivolous of the appeal, Humphrey
has now acquired two more strikes. He may no longer proceed IFP
in any civil action or appeal filed while he is in prison unless
he is under imminent danger of serious physical injury. See 28
U.S.C. § 1915(g); Adepegba v. Hammons,
103 F.3d 383, 388 (5th
Cir. 1996).
APPEAL DISMISSED; MOTION DENIED; 28 U.S.C. § 1915(g) BAR
IMPOSED.