UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 99-40322
Summary Calendar
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RAYMOND PETER GODAIRE,
Plaintiff-Appellant,
versus
ADJETEY LOMO,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
(G-96-CV-475)
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December 15, 1999
Before SMITH, BARKSDALE, and PARKER, Circuit Judges.
PER CURIAM:*
Raymond Peter Godaire, (TDCJ # 613522), appeals the district
court’s dismissal, as frivolous, of his civil rights complaint. He
contends that the court erred by dismissing his complaint on the
basis that it would not ultimately be successful.
We review the dismissal of an action as frivolous for abuse of
discretion. Booker v. Koonce, 2 F.3d 114, 115 (5th Cir. 1993). It
is inappropriate to dismiss a claim because its realistic chance of
ultimate success is slight; on the other hand, dismissal because
the claim has no realistic chance of success is proper. Id. at 114,
115-16 & n.9. Although he maintains that the record was not
*
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this opinion should not be published and is not precedent except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.
sufficiently developed to permit dismissing the complaint as
frivolous, Godaire was allowed to develop his claims by providing
specific responses to the magistrate judge’s questionnaire. See
Eason v. Thaler, 14 F.3d 8, 9-10 (5th Cir. 1994).
For his claim to be successful, Godaire was required to
establish that Dr. Lomo was either personally involved in the
constitutional deprivation or that Dr. Lomo’s acts were causally
connected to the deprivation alleged. See Woods v. Edwards, 51
F.3d 577, 583 (5th Cir. 1995). Godaire failed to make such a
showing. Accordingly, the district court did not abuse its
discretion.
AFFIRMED
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