Barnes v. Ratcliff ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-41299
Summary Calendar
PHILLIP JOE BARNES,
Plaintiff-Appellant,
versus
MIKE RATCLIFF, Victoria County Sheriff; RAYMUND RUIZ,
Captain; CHARLES HENIN; KELLY ALEXANDER; MARISA KING;
VICTORIA COUNTY SHERIFF'S DEPARTMENT; MIKE ANDES; FREDDIE
NEISSER; JOE GARCIA; JOHNNY VALDEZ; LUIS MARTINEZ; FRANK
CASILLAS; JEFF THOMPSON; FRANK ZDANSKY; GERALD LAGRANGE; DAN
SMITH,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. V-99-CV-42
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December 13, 2002
Before KING, Chief Judge, and SMITH and DENNIS, Circuit Judges.
PER CURIAM:*
Phillip Joe Barnes appeals the district court’s summary
judgment for the defendants in his civil rights suit filed
pursuant to 42 U.S.C. § 1983. Barnes raises as his sole issue on
appeal that the district court erred when it granted summary
judgment for the defendants when his motion to compel discovery
*
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that this opinion should not be published and is not precedent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. 01-41299
-2-
was still pending. The district court did not abuse its
discretion in denying Barnes’s request for additional discovery
given that Barnes failed to specify what additional information
he needed and that he was less than diligent in seeking
additional discovery. Chevron U.S.A., Inc. v. Traillour Oil Co.,
987 F.2d 1138, 1155-56 (5th Cir. 1993).
The judgment of the district court is AFFIRMED. Barnes’s
motions for appointment of counsel and publication of our opinion
are DENIED.