IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-50343
Conference Calendar
JOSEPH WARREN POLK, JR.,
Plaintiff-Appellant,
versus
BILLY BURKE; CAROLYN HARRINGTON;
DAN SMITH, Sheriff,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-97-CV-72
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February 10, 1999
Before BARKSDALE and EMILIO M. GARZA, Circuit Judges.*
PER CURIAM:**
Joseph Warren Polk, Jr., Texas inmate #805394, appeals the
district court’s summary judgment for the defendants. Polk has
also moved for leave to supplement his reply brief and for the
relief which he requested in his civil rights complaint. IT IS
ORDERED that the motions are DENIED.
Our independent review of the district court’s judgment is
*
This matter is being decided by a quorum. 28 U.S.C. §
46(d).
**
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that this opinion should not be published and is not precedent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. 98-50343
-2-
based on the appellate record and not upon consideration of any
evidence which was not presented to the district court. See
United States v. Flores, 887 F.2d 543, 546 (5th Cir. 1989).
We have carefully reviewed the arguments and the appellate
record. For essentially the same reasons as explained by the
district court in its order granting summary judgment for the
defendants, see Polk v. Burke, No. W-97-CA-072 (W.D. Tex. Mar.
18, 1998), we conclude that the district court did not err in its
summary-judgment determination. See Little v. Liquid Air Corp.,
37 F.3d 1069, 1075 (5th Cir. 1994) (en banc); Brewer v.
Wilkinson, 3 F.3d 816, 825 (5th Cir. 1993).
AFFIRMED; MOTIONS DENIED.