Galer v. Massanari, 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that this opinion should not be published and is not precedent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.
** The current Director of the Texas Department of Criminal
Justice is Janie Cockrell.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-21042
Summary Calendar
RUSSELL EUGENE GALER, II,
Plaintiff-Appellant,
versus
LARRY G. MASSANARI, ET AL.,
Defendants,
LARRY G. MASSANARI, ACTING COMMISSIONER
OF SOCIAL SECURITY ADMINISTRATION;
GARY JOHNSON; VERNON ARRELL,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-99-CV-458
--------------------
November 7, 2001
Before DAVIS, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Russell Eugene Galer II, Texas state prisoner # 315395,
appeals from the dismissal of his civil rights complaint against
then Director of the Texas Department of Criminal Justice (TDCJ),
Gary L. Johnson,** TDCJ, Vernon Arrell, Commissioner of the Texas
Rehabilitation Commission (TRC), and the TRC. Galer has

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No. 00-21042
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abandoned any issues pertaining to the dismissal for failure to
exhaust administrative remedies of his claims against Larry G.
Massanari, Acting Commissioner of the Social Security
Administration (SSA), and the SSA by failing to brief them on
appeal. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.
1993).
Galer argues that the district court erred in dismissing his
claims against Johnson, TDCJ, Arrell, and TRC for failure to
state a claim. He contends that the appellees conspired to
deprive him of his social security disability benefits. The
district court did not err in dismissing Galer’s official-
capacity claims under Fed. R. Civ. P. 12(b)(6). Will v. Michigan
Dep’t of State Police, 491 U.S. 58, 70-71 (1989) (barring
official-capacity claims for money damages under the Eleventh
Amendment); see Babb v. Dorman, 33 F.3d 472, 476 (5th Cir. 1994)
(holding that conclusional allegations of conspiracy fail to
state a civil rights claim). The district court also did not err
in dismissing Galer’s individual-capacity claims because Galer
alleged no personal involvement by Johnson or Arrell in the
events giving rise to the cause of action. See Lozano v. Smith,
718 F.2d 756, 768 (5th Cir. 1983).
Galer’s motion to disqualify United States Attorney Alice
Burns is DENIED. His motion for the appointment of appellate
counsel also is DENIED.
AFFIRMED.

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