Gray v. Turner ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-60353
Summary Calendar
DAVID GRAY,
Plaintiff-Appellant,
versus
DAVID TURNER, Superintendent
Southern Mississippi Correctional
Institution; MICHAEL BERNHARDT, Captain,
Southern Mississippi Correctional
Institution; HUBERT JORDAN, Lieutenant,
Southern Mississippi Correctional
Institution; JERRY WALLY, Lieutenant,
Southern Mississippi Correctional Institution;
JACKIE LANCASTER, Lieutenant, Southern
Mississippi Correctional Institution;
RANDY ANDERSON, Lieutenant, Southern Mississippi
Correctional Institution; ARTIS BYRD, Sergeant,
Southern Mississippi Correctional Institution;
ANDREW MILLS; ANN REID, Case Manager;
SHELIA FANCHER, Deputy Warden,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 2-99-CV-64-PC
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November 2, 2000
Before DAVIS, JONES, and DeMOSS, Circuit Judges.
PER CURIAM:*
David Gray, Mississippi prisoner # 01440, appeals from the
magistrate judge’s dismissal of his 42 U.S.C. § 1983 complaint
*
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that this opinion should not be published and is not precedent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. 00-60353
-2-
for failure to state a claim pursuant to 28 U.S.C.
§ 1915(e)(2)(B)(ii). Gray alleges that the defendants retaliated
against him for filing a prior civil action.
A dismissal of an in forma pauperis complaint for failure to
state a claim pursuant to § 1915(e)(2)(B)(ii) is reviewed de
novo. See Black v. Warren, 134 F.3d 732, 734 (5th Cir. 1998).
To establish a claim of retaliation, a prisoner must show “(1) a
specific constitutional right, (2) the defendant’s intent to
retaliate against the prisoner for his or her exercise of that
right, (3) a retaliatory adverse act, and (4) causation.”
McDonald v. Steward, 132 F.3d 225, 231 (5th Cir. 1998).
Gray has failed to allege more than his personal belief that
he is the victim of retaliation. Johnson v. Rodriguez, 110 F.3d
299, 310 (5th Cir. 1997). Because Gray has failed to state a
valid claim for retaliation, the judgment of the district court
is AFFIRMED.