No. 99-40857
-1-
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-40857
Conference Calendar
KENNETH MARSHALL JOHNSON,
Plaintiff-Appellant,
versus
GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF
CRIMINAL JUSTICE, INSTITUTIONAL DIVISION;
THOMAS PRASIFKA, Warden; ERNEST GARCIA, Captain,
Correctional Officer III #371072,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. V-99-CV-2
--------------------
April 12, 2000
Before WIENER, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Kenneth Marshall Johnson, Texas inmate #688601, appeals the
district court’s order denying Johnson’s motion for a restraining
order, which the district court construed as a motion seeking a
preliminary injunction.
In arguing that the district court erred, Johnson alleges
acts by the defendants which Johnson failed to raise in the
district court. Those allegations are not properly before us and
*
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that this opinion should not be published and is not precedent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. 99-40857
-2-
thus are not considered. See Williams v. Cigna Fin. Advisors,
Inc., 56 F.3d 656, 661 (5th Cir. 1995).
We have carefully reviewed the appellate record and
Johnson’s arguments. Johnson has not remotely satisfied any of
the prerequisites for a preliminary injunction. See Sunbeam
Rods., Inc. v. West Bend Co., 123 F.3d 246, 250 (5th Cir. 1997).
The district court did not abuse its discretion in denying the
preliminary injunction. See id. at 261.
IT IS ORDERED that Johnson’s motion seeking injunctive
relief from this court is DENIED.
AFFIRMED. MOTION DENIED.