Gray v. Turner

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-60353 Summary Calendar DAVID GRAY, Plaintiff-Appellant, versus DAVID TURNER, Superintendent Southern Mississippi Correctional Institution; MICHAEL BERNHARDT, Captain, Southern Mississippi Correctional Institution; HUBERT JORDAN, Lieutenant, Southern Mississippi Correctional Institution; JERRY WALLY, Lieutenant, Southern Mississippi Correctional Institution; JACKIE LANCASTER, Lieutenant, Southern Mississippi Correctional Institution; RANDY ANDERSON, Lieutenant, Southern Mississippi Correctional Institution; ARTIS BYRD, Sergeant, Southern Mississippi Correctional Institution; ANDREW MILLS; ANN REID, Case Manager; SHELIA FANCHER, Deputy Warden, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Mississippi USDC No. 2-99-CV-64-PC - - - - - - - - - - November 2, 2000 Before DAVIS, JONES, and DeMOSS, Circuit Judges. PER CURIAM:* David Gray, Mississippi prisoner # 01440, appeals from the magistrate judge’s dismissal of his 42 U.S.C. § 1983 complaint * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 00-60353 -2- for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Gray alleges that the defendants retaliated against him for filing a prior civil action. A dismissal of an in forma pauperis complaint for failure to state a claim pursuant to § 1915(e)(2)(B)(ii) is reviewed de novo. See Black v. Warren, 134 F.3d 732, 734 (5th Cir. 1998). To establish a claim of retaliation, a prisoner must show “(1) a specific constitutional right, (2) the defendant’s intent to retaliate against the prisoner for his or her exercise of that right, (3) a retaliatory adverse act, and (4) causation.” McDonald v. Steward, 132 F.3d 225, 231 (5th Cir. 1998). Gray has failed to allege more than his personal belief that he is the victim of retaliation. Johnson v. Rodriguez, 110 F.3d 299, 310 (5th Cir. 1997). Because Gray has failed to state a valid claim for retaliation, the judgment of the district court is AFFIRMED.