McDade v. Brown

No. 99-40947
-1-
* 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that this opinion should not be published and is not precedent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. 99-40947
Conference Calendar
NATHAN McDADE,
Plaintiff-Appellant,
versus
REGINALD BROWN,
Defendant-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:99-CV-274
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April 11, 2000
Before WIENER, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Nathan McDade, a Texas prisoner (# 800995), appeals from the
district court’s sua sponte dismissal of his 42 U.S.C. § 1983
civil rights complaint as frivolous, pursuant to 28 U.S.C.
§ 1915(e)(2). McDade alleged that he had been denied access to
the courts in violation of the First Amendment and Due Process
Clause. The district court did not abuse its discretion in
concluding that McDade had failed to show that he suffered an
“actual injury” with respect to law-library restrictions imposed
by defendant Reginald Brown and that his complaint was thus

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No. 99-40947
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frivolous. See Denton v. Hernandez, 504 U.S. 25, 33-34 (1992);
Lewis v. Casey, 518 U.S. 343, 350-51 (1996).
AFFIRMED.

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