Filed: Feb. 05, 2003
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 02-40676 Summary Calendar CARLOS B CRUZ Plaintiff - Appellant v. UNITED STATES BUREAU OF PRISONS; KATHLEEN HAWK; O IVAN WHITE, South Central Regional Director; RONALD G THOMPSON, Current South Central Regional Director; LUCY MALLISHAM; ERNEST CHANDLER, Warden at United States Penitentiary Beaumont; RICK MCINTOSH, Unit Manager/Unit 343/United States Penitentiary Beaumont; RITA SACKETT, Case Manager/Unit 343/United States Penitentiary
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 02-40676 Summary Calendar CARLOS B CRUZ Plaintiff - Appellant v. UNITED STATES BUREAU OF PRISONS; KATHLEEN HAWK; O IVAN WHITE, South Central Regional Director; RONALD G THOMPSON, Current South Central Regional Director; LUCY MALLISHAM; ERNEST CHANDLER, Warden at United States Penitentiary Beaumont; RICK MCINTOSH, Unit Manager/Unit 343/United States Penitentiary Beaumont; RITA SACKETT, Case Manager/Unit 343/United States Penitentiary ..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-40676
Summary Calendar
CARLOS B CRUZ
Plaintiff - Appellant
v.
UNITED STATES BUREAU OF PRISONS; KATHLEEN HAWK; O IVAN WHITE,
South Central Regional Director; RONALD G THOMPSON, Current South
Central Regional Director; LUCY MALLISHAM; ERNEST CHANDLER,
Warden at United States Penitentiary Beaumont; RICK MCINTOSH,
Unit Manager/Unit 343/United States Penitentiary Beaumont; RITA
SACKETT, Case Manager/Unit 343/United States Penitentiary
Beaumont
Defendants - Appellees
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:99-CV-680
--------------------
February 5, 2003
Before KING, Chief Judge, and SMITH and DENNIS, Circuit Judges.
PER CURIAM:*
Carlos B. Cruz, federal prisoner # 36480-019, appeals the
district court’s summary-judgment dismissal of his Privacy Act
claim. Cruz argues that the Bureau of Prisons has willfully
failed to remove from his Central File an inaccurate Drug Task
*
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that this opinion should not be published and is not precedent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. 02-40676
-2-
Force letter which implicates him in four murders, which letter
Cruz alleges was erroneously used to support adverse decisions
regarding his custodial status.
We review the district court’s summary-judgment decision de
novo. E.g., Skotak v. Tenneco Resins, Inc.,
953 F.2d 909, 912
(5th Cir. 1992). The classification of prisoners is a matter
left within the discretion of prison officials, and Cruz has
failed to establish an abuse of that discretion. See Whitley v.
Hunt,
158 F.3d 882, 889-90 (5th Cir. 1998), abrogated on other
grounds by, Booth v. Churner,
532 U.S. 731, 735 (2001). The
challenged information contained in the Drug Task Force letter is
corroborated by information contained in Cruz’s Presentence
Report; the Drug Task Force letter was not the sole basis for
Cruz’s custodial classification; and Cruz never submitted
information refuting the information contained in his Central
File, as he was entitled to do pursuant to Federal Bureau of
Prisons’ Program Statement No. 5800.11.
AFFIRMED; MOTION TO FILE REPLY BRIEF OUT OF TIME GRANTED.