Brooker v. Townsend ( 2000 )


Menu:
  •                IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 99-60384
    Conference Calendar
    DAVID C. BROOKER,
    Plaintiff-Appellant,
    versus
    ANNETTE TOWNSEND, Sergeant, Disciplinary Chiarperson;
    WALTER BOOKER, Superintendent at Parchman;
    JAMES ANDERSON, Commissioner; CHARLES THOMAS;
    DORA ROSS; DAVID REED; OFFICER BOOKER,
    Defendants-Appellees.
    --------------------
    Appeal from the United States District Court
    for the Northern District of Mississippi
    USDC No. 4:99-CV-89-S-B
    --------------------
    June 15, 2000
    Before JOLLY, DAVIS, and DUHÉ, Circuit Judges.
    PER CURIAM:*
    David C. Brooker, Mississippi inmate #78460, appeals the
    denial of his civil rights complaint pursuant to 28 U.S.C.
    § 1915(e)(2)(B)(ii) for failure to state a claim.   Brooker’s
    argument that the disciplinary hearing was unfair because the
    hearing officers relied only on what the charging officer stated
    and not on Brooker’s evidence does not state a claim for which
    relief can be granted.    See Reeves v. Pettcox, 
    19 F.3d 1060
    , 1062
    *
    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    that this opinion should not be published and is not precedent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. 99-60384
    -2-
    (5th Cir. 1994).    Brooker’s claim that he was not given the
    opportunity to be heard lacks a factual predicate.    Because
    Brooker does not make his district court argument that he was
    retaliated against for filing the instant suit, that issue is
    deemed waived.     See Yohey v. Collins, 
    985 F.2d 222
    , 224 (5th Cir.
    1993).
    AFFIRMED.
    

Document Info

Docket Number: 99-60384

Filed Date: 6/19/2000

Precedential Status: Non-Precedential

Modified Date: 4/18/2021