Forsythe v. McKinney

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 96-50119 Summary Calendar __________________

BENJAMIN EDWIN FORSYTHE,

Plaintiff-Appellant,

versus

THOMAS JAMES McKINNEY; ROBBIE J. PROCTOR,

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. W-95-CV-264 - - - - - - - - - - May 30, 1996 Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.

PER CURIAM:*

Benjamin Forsythe moves this court for in forma pauperis

(IFP) status to appeal the district court's order dismissing his

civil rights action under 42 U.S.C. § 1983. Forsythe's

allegation that prison officials violated his Eighth Amendment

rights by failing to place him in protective custody is without

merit. Forsythe's assertions do not establish that the

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 96-50119 -2-

defendants could have reasonably inferred from his

unsubstantiated complaints that he faced a substantial risk of

harm from other inmates. See Farmer v. Brennan, 114 S. Ct. 1970,

1979 (1994). As Forsythe fails to state a nonfrivolous issue on

appeal, his motion for leave to proceed IFP is DENIED. Because

the appeal is frivolous, the appeal is DISMISSED. See 5th Cir.

R. 42.2.