Brooker v. Townsend, 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-60384
Conference Calendar
DAVID C. BROOKER,
Plaintiff-Appellant,
versus
ANNETTE TOWNSEND, Sergeant, Disciplinary Chiarperson;
WALTER BOOKER, Superintendent at Parchman;
JAMES ANDERSON, Commissioner; CHARLES THOMAS;
DORA ROSS; DAVID REED; OFFICER BOOKER,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 4:99-CV-89-S-B
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June 15, 2000
Before JOLLY, DAVIS, and DUHÉ, Circuit Judges.
PER CURIAM:*
David C. Brooker, Mississippi inmate #78460, appeals the
denial of his civil rights complaint pursuant to 28 U.S.C.
§ 1915(e)(2)(B)(ii) for failure to state a claim. Brooker’s
argument that the disciplinary hearing was unfair because the
hearing officers relied only on what the charging officer stated
and not on Brooker’s evidence does not state a claim for which
relief can be granted. See Reeves v. Pettcox, 19 F.3d 1060, 1062

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No. 99-60384
-2-
(5th Cir. 1994). Brooker’s claim that he was not given the
opportunity to be heard lacks a factual predicate. Because
Brooker does not make his district court argument that he was
retaliated against for filing the instant suit, that issue is
deemed waived. See Yohey v. Collins, 985 F.2d 222, 224 (5th Cir.
1993).
AFFIRMED.

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