IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-10020
Summary Calendar
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DAVID LYNN WALLEN,
Plaintiff-Appellant,
versus
EDWARD G. OWENS, Warden, ET AL.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:95-CV-92
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April 3, 1996
Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.
PER CURIAM:*
David Lynn Wallen appeals the dismissal for frivolousness of
his civil rights complaint asserting various constitutional
violations surrounding his prison disciplinary hearing and
punishment. Wallen argues the merits of his claim. We have
carefully reviewed his arguments and the record. For essentially
the same reasons as explained by the magistrate judge in his
report and recommendation, we conclude that the court did not
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 96-10020
-2-
abuse its discretion in dismissing the complaint under 28 U.S.C.
§ 1915(d).
Wallen argues that the prison rulebook and his prison
disciplinary records were improperly used at the Spears**
hearing and the magistrate judge improperly ended the hearing as
Wallen attempted to explain further the alleged constitutional
violations. Our review reveals no error. Wallen also argues
that error ensued from the denial of his written motion to amend
his complaint. Wallen had the right to amend his complaint once
before the service of a responsive pleading. See Fed. R. Civ. P.
15(a). The claims which Wallen desired to add to his complaint
have been considered by this court, and the claims are without
merit. Therefore, any error by denying Wallen the right to amend
his complaint was harmless. See Fed. R. Civ. P. 61.
AFFIRMED.
**
Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985).