Cloud v. Webb

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 02-10344 Conference Calendar JOHN H. CLOUD; SORETA CLOUD, Plaintiffs-Appellants, versus JIMMY WEBB; UNKNOWN OTHERS; SUPERVISOR UNKNOWN, Defendants-Appellees. -------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 7:99-CV-207-R -------------------- October 28, 2002 Before DeMOSS, BENAVIDES, and STEWART, Circuit Judges. PER CURIAM:* John Cloud, Texas inmate # 749521, appeals the dismissal of his civil rights action, in which he also named his wife as a plaintiff, as frivolous pursuant to 28 U.S.C. § 1915A(b)(1). Cloud argues that the defendants retaliated against him after he filed a prior civil rights action in which he alleged that the same defendants had deprived him of legal property. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-10344 -2- Cloud fails to establish that but for a retaliatory motive the complained-of incidents would not have occurred. See Woods v. Smith, 60 F.3d 1161, 1166 (5th Cir. 1995); Jones v. Greninger, 188 F.3d 322, 324-25 (5th Cir. 1999). The judgment of the district court is AFFIRMED.