IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-60121
Summary Calendar
DARILE JOHNSON,
Plaintiff-Appellant,
versus
HARVEY TACKETT; JAILER TWELLER;
JAILER TIPEE,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 4-94-CV-69-S-B
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January 30, 1997
Before GARWOOD, JOLLY, and DENNIS, Circuit Judges:
PER CURIAM:*
Darile Johnson, a Mississippi state prisoner, No. 27928,
appeals the district court’s sua sponte dismissal of his action
for failure to state a claim. The district court’s dismissal
occurred prior to the completion of service of process against
the defendants and without any hearing being held pursuant to
Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985) or any
*
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that this opinion should not be published and is not precedent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. 96-60121
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questionnaire being presented pursuant to Watson v. Ault, 525
F.2d 886 (5th Cir. 1976).
Although the district court’s dismissal was unusual because
Johnson was not given any notice to allow him to clarify his
factual allegations, an examination of Johnson’s claims reveals
that there is no set of facts that Johnson could allege which
would allow him to state a viable claim for relief. See
McCormack v. National Collegiate Athletic Ass’n, 845 F.2d 1338,
1343 (5th Cir. 1988); see also Wilson v. Seiter, 501 U.S. 294,
303 (1991); Hudson v. Palmer, 468 U.S. 517, 533 (1984); Wilson v.
Lynaugh, 878 F.2d 846, 849 (5th Cir.), cert. denied, 493 U.S. 969
(1989). The district court’s dismissal is AFFIRMED. Johnson’s
motion to object to the dismissal is DENIED as unnecessary.
AFFIRMED. MOTION DENIED.