Gist v. Rhone, et al

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-40024
Summary Calendar
RONNIE DREW GIST,
Plaintiff-Appellant,
versus
MICHAEL RHONE, Correctional Officer III;
ETHEN BYRD; STEPHEN WELLS; CARLOS LUGO;
GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, INSTITUTIONAL DIVISION,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 9:00-CV-289
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August 20, 2001
Before DeMOSS, PARKER, and DENNIS, Circuit Judges.
PER CURIAM:*
Ronnie Drew Gist, Texas inmate # 602578, appeals the district
court’s dismissal as frivolous and for failure to state a claim of
his 42 U.S.C. § 1983 complaint. Gist’s complaint, filed in
November 2000, alleges that he suffered injuries from a 1993
incident involving corrections officers Rhone, Byrd, Wells, and
Lugo. We have reviewed the record and Gist’s brief and affirm the
decision of the district court under 28 U.S.C. § 1915A for

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No. 01-40024
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essentially the reasons stated by the district court. See Gist v.
Johnson, et al., No. 9:00-CV-289 (E.D. Tex. Dec. 4, 2000). Gist’s
complaint alleges his best case and therefore a remand to allow
Gist to amend the complaint is not required. See Jones v.
Greninger, 188 F.3d 322, 327 (5th Cir. 1999); Morin v. Caire, 77
F.3d 116, 121 (5th Cir. 1996).
AFFIRMED.

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