Testo completo
* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
November 2, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-10668
Summary Calendar
RAUL HERRERA,
Plaintiff-Appellant,
versus
ABEL VILLALOBOS,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 7:05-CV-68
--------------------
Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Raul Herrera, Texas prisoner # 585739, appeals the dismissal
of his 42 U.S.C. § 1983 complaint as frivolous. In his complaint,
Herrera alleged that the defendant falsely accused Herrera of being
in a prison gang, which resulted in Herrera’s confinement in
administrative segregation. Herrera argues that his confinement in
administrative segregation violates his rights under the First,
Eighth, and Fourteenth Amendments. Herrera has demonstrated
neither that his constitutional rights were violated nor that the
district court’s dismissal of his complaint was an abuse of
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No. 05-10668
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discretion. See Turner v. Safely, 482 U.S. 78, 89-90 (1987);
Martin v. Scott, 156 F.3d 578, 589 (5th Cir. 1998); Siglar v.
Hightower, 112 F.3d 191, 193 (5th Cir. 1997); Pichardo v. Kinker,
73 F.3d 612, 613 (5th Cir. 1996). The judgment of the district
court is AFFIRMED.
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