UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 00-60288
Summary Calendar
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ELVIRO BROWN,
Plaintiff-Appellant,
versus
DAVID TURNER; MICHAEL C. MOORE,
Attorney General, State of Mississippi,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Mississippi
(2:99-CV-342-PG)
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September 11, 2000
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Elviro Brown, Mississippi prisoner # 13836, appeals, pro se,
the dismissal of his civil-rights action. Such sua sponte
dismissal of a complaint as frivolous or for failure to state a
claim is reviewed de novo. See Ruiz v. United States, 160 F.3d
273, 275 (5th Cir. 1998). Because the deprivations challenged by
Brown were not protected liberty interests, he failed to show his
constitutional rights were violated. See Sandin v. Conner, 515
*
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this opinion should not be published and is not precedent except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.
U.S. 472, 485-87 (1995) (30-day period of disciplinary segregation
did not support due process claim); Berry v. Brady, 192 F.3d 504,
508 (5th Cir. 1999) (loss of one visitation session and eight meals
did not implicate a liberty interest); Moody v. Baker, 857 F.2d
256, 257-58 (5th Cir.) (“[a]n inmate has neither a protectible
property nor liberty interest in his custody classification”),
cert. denied, 488 U.S. 985 (1988).
Likewise, because Brown has not alleged the violation of a
constitutional right, the district court did not err by failing to
allow Brown a reasonable opportunity to develop his claims in a
Spears hearing.
AFFIRMED
2