Ayers v. Collins

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-10868 Conference Calendar RICHARD TERRANCE AYERS, Plaintiff-Appellant, versus JAMES A. COLLINS ET AL., Defendants, STANLEY WILSON, Chaplain, Texas Department of Criminal Justice, Robertson Unit, Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 1:96-CV-100-BA - - - - - - - - - - April 10, 1998 Before JOLLY, JONES, and DUHÉ, Circuit Judges. PER CURIAM:* Richard Terrance Ayers, Texas prisoner No. 468361, appeals the summary-judgment dismissal of his civil rights claims against Texas Department of Criminal Justice (TDCJ) Chaplain Stanley Wilson. Ayers argues that the summary-judgment evidence shows that there are disputed material facts and that the district court erred in concluding that Chaplain Wilson had no * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 97-10868 -2- constitutional duty to help Ayers resolve his problems with the TDCJ food service. Having reviewed the record and the briefs of the parties, we AFFIRM for essentially the reasons set forth by the magistrate judge.** AFFIRMED. ** The parties consented to proceed before the magistrate judge pursuant to 28 U.S.C. § 636(c).