Testo completo
* 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that this opinion should not be published and is not precedent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. 00-40657
MICHAEL T. JONES,
Plaintiff-Appellant,
versus
JOHNNY M. MILES; EVELYN CASTRO, Sergeant;
NOE V. BOTELLO,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-00-CV-163
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December 22, 2000
ON PETITION FOR REHEARING
Before SMITH, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Michael T. Jones, Texas prisoner No. 419729, has petitioned
for panel rehearing of this court’s affirmance of the district
court’s dismissal of a civil rights complaint as frivolous
pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(i) and (ii). Appellant’s
petition for rehearing is GRANTED and the prior opinion is
MODIFIED to add the following:
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No. 00-40657
-2-
Jones’s allegations of retaliation fail to establish that
Sergeant Miles retaliated against Jones because of his exercise
of a constitutional right. McDonald v. Steward, 132 F.3d 225,
231 (5th Cir. 1998). Jones’s personal belief that he is the
victim of retaliation is inadequate to establish a constitutional
violation. Johnson v. Rodriguez, 110 F.3d 299, 310 (5th Cir.
1997).
AFFIRMED.
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