United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS April 18, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-41362
Summary Calendar
PAULO DE LA ROSA,
Plaintiff-Appellant,
versus
THOMAS PRASIFKA, Warden; JOANN DAVIS; FNU ENCINAS,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-02-CV-97
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Before JOLLY, JONES, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Paulo de la Rosa, Texas prisoner # 804662, appeals the
district court’s dismissal of his 42 U.S.C. § 1983 suit for
failure to state a claim. Repeating many of the allegations he
asserted in the district court, de la Rosa argues that prison
employees interfered with his mail by not sending it, by delaying
the sending of mail, by opening his mail, by not providing him
with correct addresses, and by not providing him with free
postage. He also argues that the warden either refused to
*
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that this opinion should not be published and is not precedent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. 02-41362
-2-
provide de la Rosa with grievance forms or denied his requests
for a change of his cell classification because his cellmate is
instigating fights.
De la Rosa’s allegations about interference with his mail
and not being granted a cell change were insufficient to
establish a constitutional violation and support a claim under 42
U.S.C. § 1983. See Lewis v. Casey, 518 U.S. 343, 351 (1996);
Brewer v. Wilkinson, 3 F.3d 816, 820-21 (5th Cir. 1993); Harper
v. Showers, 174 F.3d 716, 719 (5th Cir. 1999); Doe v. Rains
County Indep. Sch. Dist., 66 F.3d 1402, 1406 (5th Cir. 1995).
The magistrate judge was correct to dismiss de la Rosa’s
complaint for failure to state a claim. See 28 U.S.C.
§ 1915(e)(2)(B)(ii); Black v. Warren, 134 F.3d 732, 733 (5th Cir.
1998). De la Rosa’s motion for the preparation of transcript at
government expense is denied.
AFFIRMED. MOTION DENIED.