[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
OCT 12, 2006
No. 05-14579
THOMAS K. KAHN
________________________
CLERK
D. C. Docket No. 02-00434 CV-P-M
LARRY EARL MILLER,
Plaintiff-Appellant,
versus
RALPH HOOKS, Warden, individually, and in his
official capacity as Warden of St. Clair Correctional
Facility Prison for men, BOYD KELLY DERRICK,
Mail Clerk, individually, and in his official capacity as
mail clerk of the St. Clair Correctional Facility
Prison for men,
Defendants-Appellees.
________________________
Appeal from the United States District Court
for the Northern District of Alabama
_________________________
(October 12, 2006)
Before ANDERSON and DUBINA, Circuit Judges, and VINSON,* District Judge.
PER CURIAM:
_________________
*Honorable C. Roger Vinson, United States District Judge for the Northern District of Florida,
sitting by designation.
After oral argument and careful consideration, we conclude that the
judgment of the district court is due to be affirmed. Although the district court
opinion dated July 25, 2005, is probably correct with respect to all of the several
grounds relied upon, we need hold only that plaintiff has clearly failed to show that
any deprivation by defendants was intentional. There is ample evidence that the
Department of Corrections was reasonable in using the name Evans under which
plaintiff was sentenced. Also, plaintiff has adduced evidence of only two instances
of failure to receive mail, and defendant expressly advised plaintiff of an easy
means for plaintiff to avoid any such mistake, which advice plaintiff ignored.
AFFIRMED.
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