UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-11170
Summary Calendar
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BRIAN MAURICE FULLER,
Plaintiff - Appellant,
versus
JIM RICH, Warden, FCI Seagoville;
JERRY HEFTLER, Food Services Administrator;
RALPH FIGUEROA, Assistant Food Services Administrator;
RODNEY BRADFORD, Food Services Kitchen Foreman;
RALPH SQUIRE,
Defendants - Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
(3:94-CV-2604)
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June 3, 1996
Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.
PER CURIAM:*
Proceeding pro se and in forma pauperis, federal prisoner
Brian Maurice Fuller sued officials at the Federal Correctional
Institution in Seagoville, Texas, complaining that the defendants
violated his constitutional rights. Fuller appeals the district
court's dismissal of his action.
Fuller asserts that the district court erred (1) when it found
that he had not stated a valid constitutional claim arising from
*
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this opinion should not be published and is not precedent except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.
the alleged sexual-orientation-based discrimination and (2) when it
failed to address his retaliation claim against defendant Squire.
We affirm the dismissal of the discrimination claim for essentially
the reasons articulated by the district court; but, because the
district court failed to address the retaliation claim, we vacate
and remand for further proceedings with regard to it.
AFFIRMED IN PART, and VACATED AND REMANDED IN PART
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