IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-60210
Summary Calendar
JAMES HARBIN,
Plaintiff-Appellant,
versus
ROSIE WASHINGTON, ET AL.,
Defendants-Appellees.
- - - - - - - - - -
Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 3:95CV84-B-A
- - - - - - - - - -
August 20, 1996
Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.
PER CURIAM:*
James Harbin appeals the dismissal of his 42 U.S.C. § 1983
civil rights action. He contends that the affidavit of Officer
Murphree alone, without substantiation by physical evidence, was
insufficient to establish probable cause for the search of his
residence. Murphree’s affidavit was competent summary judgment
evidence and established probable cause for the search, and
Harbin’s conclusional allegations of fabricated evidence are not
*
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that this opinion should not be published and is not precedent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. 96-60210
- 2 -
sufficient to overcome defendant’s summary judgment evidence.
Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986).
Defendants Rosie Washington, Theresa Files, and the Grenada
Police Department were not named in Harbin's amended complaint,
which superseded his original complaint, and so they were no
longer parties to the civil action and are not parties to this
appeal. Boelens v. Redman Homes, Inc., 759 F.2d 504, 508 (5th
Cir. 1985).
AFFIRMED.