IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-40461
Summary Calendar
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SHAWN ERIC McGEE,
Plaintiff-Appellant,
versus
TEXAS DEPARTMENT OF CRIMINAL JUSTICE--
INSTITUTIONAL DIVISION; DALLAS COUNTY
SHERIFF’S DEPARTMENT; STATE OF TEXAS,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:95-CV-891
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August 2, 1996
Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Shawn Eric McGee, #582006, appeals the district court’s
dismissal, without prejudice, of his 42 U.S.C. § 1983 civil
rights complaint. The district court ruled that one of McGee’s
claims was barred by the applicable statute of limitation and
that venue was improper. This court affirms on the alternate
ground that McGee’s claims were frivolous. Alleging that the
defendants-appellees deprived him of a liberty interest by
transferring him from a county jail to a state prison while his
*
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that this opinion should not be published and is not precedent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. 96-40461
-2-
criminal conviction was pending and that he was illegally forced
to work in prison, McGee failed to state a cognizable civil
rights claim. See Biliski v. Harborth, 55 F.3d 160, 162 (5th
Cir. 1995); Sandin v. Connor, 115 S. Ct. 2293, 2300 (1995); Wendt
v. Lynaugh, 841 F.2d 619, 620 (5th Cir. 1988). Because McGee’s
claims are frivolous, his “Motion to Obtain Free Copy of the
Records and Exhibits” is also.
AFFIRMED.
MOTION DENIED.