Graves v. Lee

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 96-60230 Summary Calendar __________________

JERRY D. GRAVES,

Plaintiff-Appellant,

versus

ANN LEE; HERMAN PARKER; LARRY HARDY; EDWARD M. HARGETT,

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Mississippi USDC No. 4:95-CV-218-JAD - - - - - - - - - - July 16, 1996

Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.

PER CURIAM:*

Jerry D. Graves, #40995/#32179, appeals the dismissal of his

suit pursuant to 28 U.S.C. § 1915(d), the relevant portion of

which is now redesignated as 28 U.S.C. § 1915(e)(2)(B)(i). He

argues that the Mississippi Department of Corrections applies its

grooming regulations in a way which violates the First Amendment

and principles of equal protection, that prison disciplinary

proceedings violated principles of equal protection and due

Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 96-60230 -2-

process, and that the magistrate judge erred in his analysis of

Graves's claims under Sandin v. Conner, 115 S. Ct. 2293 (1995).

We have reviewed the record and Graves's brief and AFFIRM the

dismissal for essentially the same reasons set forth by the

magistrate judge, who heard the case pursuant to 28 U.S.C.

§ 636(c). Graves v. Lee et al., No. 4:95CV218-JAD (N.D. Ms. Mar.

26, 1996).