Dayse v. Stice

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-40450 Summary Calendar JOHN JULIAN DAYSE, Plaintiff-Appellant, versus JOHN E. STICE et al., Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:95-CV-626 - - - - - - - - - - August 14, 1996 Before DAVIS, EMILIO M. GARZA and STEWART, Circuit Judges. PER CURIAM:* John Julian Dayse, #498384, appeals the dismissal of his civil rights complaint pursuant to 28 U.S.C. § 1915(d), the relevant portion of which has been redesignated as § 1915(e)(2)(B)(i) by § 804 of the Prison Litigation Reform Act, Pub. L. No. 104-134, 110 Stat. 1321 (1996). Dayse contends that the defendants violated his Eighth Amendment rights by failing to protect him from mentally unstable inmates who are allowed to * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 96-40450 - 2 - roam freely in general population and allowed access to razor blades. We have reviewed the record and Dayse’s brief and AFFIRM the district court’s dismissal for essentially the same reasons set forth by the district court. Dayse v. Stiles, No. 6:95-CV- 626 (E.D. Tx. April 15, 1996).