IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40559
Summary Calendar
RICKY JAMES DAVIS,
Plaintiff-Appellant,
versus
RAYMOND BYRD, Major, Michael Unit,
Defendant-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:95-CV-483
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December 24, 1997
Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.
PER CURIAM:*
Ricky James Davis, Texas inmate # 519327, appeals judgment
for the defendant following a bench trial in his civil rights
suit pursuant to 42 U.S.C. § 1983. He argues that the evidence
showed that he was the victim of excessive force during a prison
lock-down. We have reviewed the record and the parties’ briefs
and AFFIRM for the reasons set forth by the magistrate judge.
Davis v. Byrd, No. 6:95-CV-483 (E.D. Tex. June 3, 1996).
*
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that this opinion should not be published and is not precedent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. 96-40559
-2-
Davis also argues that the trial court improperly limited
the number of witnesses which he would be permitted to call at
trial. Inasmuch as the purported testimony of the uncalled
witnesses was cumulative, the magistrate judge did not abuse his
discretion in limiting Davis's witnesses. See Gibbs v. King, 779
F.2d 1040, 1047 (5th Cir. 1986). Davis also challenges the trial
court's refusal to appoint an expert to examine the use-of-force
video tape. Davis was not entitled to the appointment of an
expert. See Pedraza v. Jones, 71 F.3d 1996-97 n.5 (5th Cir.
1995). Last, Davis's contention that he was barred from calling
his only witness is not supported by the record.
AFFIRMED.