Spellman v. Drewry

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-10091 Summary Calendar TERRENCE R. SPELLMON, Plaintiff-Appellant, versus RONALD DREWRY, Chief Warden, French Robertson Unit, et al., Defendants, RONALD DREWRY, Chief Warden, French Robertson Unit; JOEL YOUNG, Associate Warden, French Robertson Unit; CHARLES BELL, Associate Warden, French Robertson Unit; LAZARO MIRANDA, Sgt., French Robertson Unit; DANIEL HALL, Sgt., French Robertson Unit; SCHAFFER, Medical Doctor, French Robertson Unit; SHERWOOD, Licensed Vocational Nurse, French Robertson Unit; THOMAS DRIVER; KERRY HALE; JOE D. TRUMBO; CURTIS WALLACE, III; C. POE, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 1:94-CV-136 - - - - - - - - - - October 23, 1996 Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges. PER CURIAM:* Terrence Spellmon, a Texas prisoner (#486962), appeals the magistrate judge’s order granting the defendants’ motions to * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 96-10091 -2- dismiss his 42 U.S.C. § 1983 civil rights action. We have reviewed Spellmon’s complaint, a transcript of his hearing held pursuant to Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985), the defendants-appellees’ motions to dismiss, and the magistrate judge’s order addressing the defendants-appellees’ motions to dismiss. Because we find no reversible error, we affirm for essentially the reasons stated by the magistrate judge in granting the defendants’ motions to dismiss. See Spellmon v. Drewry et al., No. 1:94-CV-136-BA (N.D. Tex. Dec. 28, 1995). AFFIRMED.