IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-10694
Conference Calendar
RAYMOND KING,
Plaintiff-Appellant,
versus
GARY L. JOHNSON, DIRECTOR, TEXAS
DEPARTMENT OF CRIMINAL JUSTICE,
INSTITUTIONAL DIVISION; JOHN DOES,
Officer; JANE DOES, Officer; TEXAS
DEPARTMENT OF CRIMINAL JUSTICE,
INSTITUTIONAL DIVISION,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:97-CV-390-C
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August 24, 2000
Before KING, Chief Judge, and POLITZ and WIENER, Circuit Judges.
PER CURIAM:*
Raymond King, Texas prisoner No. 636040, appeals the
district court’s dismissal of his civil rights complaint and
moves this court for a protective order. The motion for a
protective order is DENIED. King’s complaint challenges the
defendants’ interpretation of the Texas Department of Criminal
Justice (TDCJ) regulations concerning inmates’ receipt of
*
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that this opinion should not be published and is not precedent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. 99-10694
-2-
sexually explicit materials. He alleges that his Equal
Protection rights have been violated because the TDCJ “approved
publication list” includes magazines featuring lesbian activity,
but it omits other magazines specializing in minority lesbian
subjects. King cannot establish an equal protection violation
because he does not suggest that he has been treated differently
from any other TDCJ prisoner. Thompson v. Patteson, 985 F.2d
202, 207 (5th Cir. 1993). At best, he has alleged only
inconsistent censorship, which is insufficient to support an
equal protection violation. Id.
AFFIRMED; MOTION FOR PROTECTIVE ORDER DENIED.