Donnelly v. Clemens, et al

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
September 13, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-60478
Summary Calendar
LONNIE DONNELLY,
Plaintiff-Appellant,
versus
WES CLEMENS; AMBER DARBY;
LINDA EDWARDS; DIANE FOY,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:02-CV-501-S
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Before EMILIO M. GARZA, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Lonnie Donnelly, Mississippi prisoner # K1304, appeals the
magistrate judge's dismissal of his 42 U.S.C. § 1983 complaint.
The magistrate judge dismissed Donnelly’s claims regarding a
denial of access to the courts for failure to state a
constitutional claim. Donnelly has not established that he was
unable to present a cognizable claim or that he was barred from
seeking review of a meritorious claim as a result of the
defendants’ refusal to give him his legal papers while he was in

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No. 03-60478
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administrative segregation. See Crowder v. Sinyard, 884 F.2d
804, 811 (5th cir. 1989), abrogated on other grounds by Horton v.
California, 496 U.S. 128 (1990); Sherrod v. State, 784 So. 2d
256, 259 (Miss. Ct. App. 2001). Consequently, the judgment of
the magistrate judge is AFFIRMED.

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