IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-10624
Summary Calendar
MICHAEL SMITH,
Plaintiff-Appellant,
versus
GARY L. JOHNSON, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
INSTITUTIONAL DIVISION; ROBERT WHITE;
ROBERT CHANCE; JAMES E. BOWMAN;
MICHAEL SAVERS; ELIZA WIMBERLY;
MARC MARSHALL,
Defendants-Appellees.
- - - - - - - - - -
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:96-CV-139
- - - - - - - - - -
September 20, 1996
Before HIGGINBOTHAM, DeMOSS and PARKER, Circuit Judges.
PER CURIAM:*
Michael Smith, prisoner #677990, appeals the district
court’s dismissal of his 42 U.S.C. §§ 1983 and 1985 claims
pursuant to 28 U.S.C. § 1915(d), now redesignated as
§ 1915(e)(2)(B)(i). Smith contends that the defendants conspired
*
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that this opinion should not be published and is not precedent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. 96-10624
- 2 -
to deprive him of his civil rights. Smith also contends that the
defendants deprived him of due process in connection with his
disciplinary hearing and by changing his classification. Smith
asserts that two of the defendants were indifferent to his
medical condition because they ordered him to work in muddy water
without protective foot gear.
We have reviewed the record and Smith’s brief and AFFIRM the
district court’s dismissal for the reasons adopted by the
district court. Smith v. Johnson, No. 2:96-CV-0139 (N.D. Tex.
May 16, 1996). Because Smith failed to brief his claims against
Wimberly, he has abandoned them. See Yohey v. Collins, 985 F.2d
222, 225 (5th Cir. 1993) (issues must be briefed to be
preserved).
AFFIRMED.