IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-10224
Conference Calendar
HERBERT HERMAN FEIST,
Plaintiff-Appellant,
versus
GARY L. JOHNSON, Director,
Texas Department of Criminal Justice,
Institutional Division;
DARWIN SANDERS, Senior Warden of
Clements Unit,
Defendants-Appellees.
- - - - - - - - - -
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:97-CV-376
- - - - - - - - - -
August 19, 1998
Before KING, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM:*
Herbert Herman Feist, Texas state prisoner # 318012, appeals
the district court’s dismissal of his action based on the
conclusion that he had alleged no personal injury and therefore
had no standing to sue. Three requisites for constitutional
standing are (1) personal injury (2) with a nexus to the
defendant's allegedly unlawful conduct (3) which is likely to be
*
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that this opinion should not be published and is not precedent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. 98-10224
-2-
redressed by the requested relief. Allandale Neighborhood Ass'n
v. Austin Transp. Study Policy Advisory Committee, 840 F.2d 258,
261-62 (5th Cir. 1988). Feist has not specifically alleged a
personal injury on appeal. Feist flatly admits that he intended
for this lawsuit to be a class action, because "individually it
would do him no good." There can be no better proof than his own
admission that this suit will not and cannot redress any personal
injury to Feist.
We will not overturn a decision to deny class certification
unless the district court has abused its wide discretion. See
McGrew v. Texas Bd. of Pardons & Paroles, 47 F.3d 158, 162 (5th
Cir. 1995). As the district court reasoned, Feist’s lack of
standing precludes him from representing the class. The district
court did not abuse its discretion in denying the request for
class certification. The judgment of the district court is
AFFIRMED. As Feist’s assertions on appeal have no merit, his
motion for appointment of counsel is DENIED.
AFFIRMED; MOTION DENIED.