Kramer v. Drewry

               IN THE UNITED STATES COURT OF APPEALS
                       FOR THE FIFTH CIRCUIT



                            No. 96-11336
                        Conference Calendar



ROBERT EUGENE KRAMER,

                                          Plaintiff-Appellant,

versus

RONALD DREWRY, Senior Warden, et al.,

                                          Defendants,

CLYDE HARGROVE, Captain; VIRGINIA L.
COLE, Nurse,

                                          Defendants-Appellees.


                        - - - - - - - - - -
           Appeal from the United States District Court
                for the Northern District of Texas
                      USDC No. 1:95-CV-18-BA
                        - - - - - - - - - -
                          August 15, 1997
Before KING, HIGGINBOTHAM, and DUHÉ, Circuit Judges.

PER CURIAM:*

     Robert Eugene Kramer, Texas prisoner #643733, appeals the

magistrate judge’s grant of summary judgment as to appellees

Clyde Hargrove and Virginia L. Cole.    Kramer argues that Cole was

deliberately indifferent to his serious medical needs when she

refused to excuse him from work.   Kramer further argues that

     *
        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that this opinion should not be published and is not precedent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. 96-11336
                               -2-

Hargrove violated his due process rights when he refused to

consider Kramer’s entire medical file in upholding the

disciplinary report Kramer received for refusing to report to

work.

     We have reviewed the record and the parties’ submissions and

AFFIRM the magistrate judge’s dismissal for essentially the same

reasons set forth by the magistrate judge.   Kramer v. Drewry, No.

1:95-CV-18-BA (Sept. 24, 1996).

     To the extent that Kramer seeks the appointment of appellate

counsel, that request is DENIED.   Ulmer v. Chancellor, 691 F.2d

209, 212-13 (5th Cir. 1982).

     AFFIRMED.