IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40939
Conference Calendar
ANTHONY J. RICHARD,
Plaintiff-Appellant,
versus
JAMES A. COLLINS, DIRECTOR, TEXAS
DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL
DIVISION; JOHN STICE; MARSHALL HERKLOTZ, SOUTHERN
REGIONAL DIRECTOR; LESLIE WOODS; BRIAN RODEEN,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-96-CV-178
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December 9, 1997
Before BARKSDALE, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Anthony J. Richard, prisoner # 623054, appeals the dismissal
of his § 1983 action for failure to state a claim on which relief
could be granted. He complains of a security lockdown after a
riot in which he did not participate, which resulted in his
segregation from the general prison population. Because there is
no allegation that the lockdown was for any purpose other than
*
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that this opinion should not be published and is not precedent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. 96-40939
-2-
the security and safety of inmates, Richard cannot establish a
violation of his constitutional rights. See Eason v. Thaler, 73
F.3d 1322, 1326-27 (5th Cir. 1996). The district court did not
err in dismissing his action.
The dismissal of Richard’s complaint for failure to state a
claim counts as a “strike” under the Prison Litigation Reform
Act, 28 U.S.C. § 1915(g).
Richard’s request for appointment of counsel is DENIED.
AFFIRMED.