IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-40260
Conference Calendar
MARCUS M. PRUITT,
Plaintiff-Appellant,
versus
REED SMITH, Warden, ET AL.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:97-CV-528
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June 16, 1999
Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM:*
Marcus Pruitt (TDCJ # 735863) appeals the dismissal of his
pro se and in forma pauperis (IFP) civil rights complaint wherein
he alleged that his Due Process and Eighth Amendment rights were
violated when he was kept on “transient” housing status for more
than 30 days in violation of prison policy. Pruitt argues that
the magistrate judge’s reliance on Sandin v. Conner, 515 U.S. 472
(1995) to dismiss his due-process claim was inappropriate because
the magistrate judge failed to properly determine whether the
*
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that this opinion should not be published and is not precedent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. 98-40260
-2-
conditions complained of imposed an “atypical” hardship on him.
He also argues that the magistrate judge failed to properly
construe the nature of his Eighth Amendment claims.
Pruitt has failed to demonstrate that the magistrate judge
either erred or abused his discretion by dismissing his Due
Process claim as frivolous and for failure to state a claim. See
28 U.S.C. § 1915(e)(2)(B)(i) & (ii); Black v. Warren, 134 F.3d
732, 734 (5th Cir. 1998). Nor does he identify any error in the
magistrate judge’s conclusion that his Eighth Amendment claim did
not meet the criteria of Farmer v. Brennan, 511 U.S. 825 (1994).
AFFIRMED. ALL OUTSTANDING MOTIONS DENIED.