IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-40286
Summary Calendar
CARL THOMPSON,
Plaintiff-Appellant,
versus
RANDY MCLEOD, Warden, Stiles Unit; ET AL.,
Defendants,
RANDY MCLEOD, Warden, Stiles Unit; ROBERT MORIN;
DAVID BIRDWELL; JEFFERY POPE; PHONSO RAYFORD; JAMES TURNER;
ERNEST ANDERSON; BRIAN THOMPSON; WAYNE BREWER; BRADLEY ALLISON
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:93-CV-607
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February 15, 1999
Before DAVIS, DUHÉ, and PARKER, Circuit Judges.
PER CURIAM:1
Carl Thompson, Texas prisoner # 489359, appeals the magistrate
judge’s decision granting summary judgment in favor of the
defendants in Thompson’s 42 U.S.C. § 1983 civil rights complaint.
He argues that: 1) his rights were violated when the defendant-
prison officials confiscated property from his cell, including
legal material and medication; 2) the defendants used excessive
1
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that this opinion should not be published and is not precedent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.
force; and 3) the defendants retaliated against him for filing
grievances and complaints. We have reviewed the record and
Thompson’s brief, and we AFFIRM the magistrate judge’s judgment for
essentially the same reasons set forth by the magistrate judge.
See Thompson v. McCleod et al., No. 1:93cv607 (E.D. Tex. Feb. 27,
1998).
Thompson’s claims concerning the October 5, 1993, use of
excessive force and denial of freedom of religion are not properly
before the court because Thompson voluntarily dismissed the claims
in the district court. His claim that he was not allowed to see an
imam is refuted by the record, and his claim concerning access to
religious materials is wholly conclusional and, as such, cannot
support his § 1983 complaint. See Hale v. Harney, 786 F.2d 688,
690 (5th Cir. 1986). Finally, Thompson’s motion for the
appointment of counsel is DENIED.
JUDGMENT AFFIRMED; MOTION FOR APPOINTMENT OF COUNSEL DENIED.