James v. Johnson

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-50238 Summary Calendar

GLEN C. JAMES,

Plaintiff-Appellant,

versus

GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION; WAYNE SCOTT, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION; ALLAN B. POLUNSKY, Chairman; LEPHER JENKINS, TDC Regional Director; DAYTON J. POPPELL; MARSHALL D. HERKLOTZ; JANIE THOMAS; GARY LANG,

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. SA-96-CV-210 - - - - - - - - - - July 11, 1996

Before SMITH, BENAVIDES and DENNIS, Circuit Judges.

PER CURIAM:*

Glen C. James, #660410, appeals the district court's denial

of his motion for leave to file a 42 U.S.C. § 1983 civil rights

complaint asserting claims of due process violations in placing

him in lockdown and inadequate food and exercise in lockdown in

violation of the Eighth Amendment. The district court denied

Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. James leave to file the complaint in light of a sanction order in

James v. Collins, No. SA-95-CA-1024 (W.D. Tex. Feb. 15, 1996), in

which the district court ordered the clerk of court to refrain

from filing any document submitted by James to the court until

James paid a $50 monetary sanction or obtained written permission

from the court.

James does not dispute that he failed to pay the $50

monetary sanction. The district court, in denying James' motion

for leave to file the complaint, indicated its willingness to

accept for filing a narrowly-tailored complaint asserting James'

claims of constitutionally inadequate food. James' claims

concern events which occurred on or after January 23, 1996, and,

thus, are not presently barred by the applicable two-year statute

of limitations. Owens v. Okure, 488 U.S. 235, 249-50 (1989);

Tex. Civ. Prac. & Rem. Code Ann. § 16.003(a) (West 1996); Burrell

v. Newsome, 883 F.2d 416, 418 (5th Cir. 1989). The district

court did not abuse its discretion in denying James' motion for

leave to file his civil rights complaint.

AFFIRMED.