Spellman v. Drewry

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-11123 Conference 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 - - - - - - - - - - August 15, 1997 Before KING, HIGGINBOTHAM, and DUHÉ, Circuit Judges. PER CURIAM:* Terrence Spellmon, a Texas prisoner (# 486962), appeals the magistrate judge’s April 15, 1996, order granting the defendants’ * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 96-11123 -2- motion to dismiss his 42 U.S.C. § 1983 civil rights action against the defendants in their official capacities, and the magistrate judge’s August 19, 1996, order dismissing Spellmon’s action as to defendants Strain and Webb. Spellmon has expressly abandoned any claims against the defendants in their official capacities. The district court correctly ruled that Spellmon’s due process claims against Strain and Webb, in which he argued that prison disciplinary convictions resulted in the potential loss of good-time credits and parole eligibility, were meritless. See Sandin v. Conner, 115 S. Ct. 2293 (1995); Luken v. Scott, 71 F.3d 192, 193 (5th Cir. 1995), cert. denied, 116 S. Ct. 1690 (1996); Orellana v. Kyle, 65 F.3d 29, 32 (5th Cir. 1995), cert. denied, 116 S. Ct. 736 (1996). AFFIRMED.