Jones v. Greninger ( 2001 )


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  •                IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 00-10944
    Summary Calendar
    JAMES STEPHEN JONES,
    Plaintiff-Appellant,
    versus
    M. L. GRENINGER, ET AL.,
    Defendants,
    WILLIE ROBERTS,
    Defendant-Appellee.
    - - - - - - - - - -
    Appeal from the United States District Court
    for the Northern District of Texas
    USDC No. 3:97-CV-1274-D
    - - - - - - - - - -
    April 12, 2001
    Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
    PER CURIAM:*
    James Stephen Jones, a federal prisoner (# 56081-080),
    appeals from the district court’s order granting the summary-
    judgment motion filed by defendant Willie Roberts.      In 1999, this
    court had affirmed the court’s granting of a motion to dismiss by
    several other defendants and remanded for further proceedings
    solely with respect to a retaliation claim against Roberts.
    Jones v. Greninger, 
    188 F.3d 322
    , 327 (5th Cir. 1999).
    *
    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    that this opinion should not be published and is not precedent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. 00-10944
    -2-
    Jones argues that he has demonstrated a “chronology of
    events” that established that Roberts intended to retaliate
    against him for Jones’ filing of a grievance against a since-
    dismissed defendant, Yolanda Cornelius.     Jones’ allegations
    suggest little more than that, on the same day he filed the
    grievance, Roberts told him that he was being reassigned to a new
    prison job.    Jones’ assertions, even if assumed to be true,
    remain too conclusional to establish that Roberts was acting in
    retaliation.     See Woods v. Smith, 
    60 F.3d 1161
    , 1165 (5th Cir.
    1995).   He has failed to show that a genuine issue of material
    fact remains with respect to his retaliation claim against
    Roberts.   Celotex v. Catrett, 
    477 U.S. 317
    , 325 (1986); Whittaker
    v. BellSouth Telecommunications, Inc., 
    206 F.3d 532
    , 534 (5th
    Cir. 2000).
    AFFIRMED.