IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-10081
Summary Calendar
BERNARD J. DOLENZ,
Plaintiff-Appellant,
versus
JUDGE TED MARTIN AKIN, JOHN
EARNEST BOUNDY, and MILDRED AVERY,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3-95-CV-1605
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October 23, 1997
Before JONES, SMITH, and STEWART, Circuit Judges.
PER CURIAM:*
Bernard Dolenz appeals the dismissal of his § 1983 complaint
pursuant to Fed. R. Civ. P. 12(b)(6) and 12(c). We have
reviewed the record, and, for substantially the same reasons
stated by the district court, we affirm the dismissal. See
Dolenz v. Akin, No. 3:95-CV-1605-P (N.D. Tex. Mar. 6, 1996 and
Jan. 14, 1997).
*
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that this opinion should not be published and is not precedent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. 97-10081
-2-
The district court did not abuse its discretion in refusing
to allow Dolenz to engage in further discovery pending its
determination of the referenced motions to dismiss. Richardson
v. Henry, 902 F.2d 414, 417 (5th Cir. 1990); Elliott v. Perez,
751 F.2d 1472, 1478 (5th Cir. 1985). As for Dolenz’s state-law
claims, the district court did not abuse its discretion in
declining to exercise supplemental jurisdiction over those
claims. See Cinel v. Connick, 15 F.3d 1338, 1344 (5th Cir.
1994).
AFFIRMED.