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MIKESKA v. COLLINS

No. 88-2276.

900 F.2d 833 (1990)

Frank Lee MIKESKA, James Logan Diez, and Walter D. Williams, Plaintiffs-Appellants, v. James A. COLLINS, Director, Texas Dept. of Criminal Justice, Institutional Division, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 11, 1990.

Attorney(s) appearing for the Case

Frank Lee Mikeska, Lovelady, Tex., pro se.

James Logan Diez, San Angelo, Tex., pro se.

Walter D. Williams, Lovelady, Tex., pro se.

Lawrence Wells, Asst. Atty. Gen., Jim Mattox, Atty. Gen., and Adrian Young, Austin, Tex., for defendants-appellees.

Before POLITZ, DAVIS and DUHE, Circuit Judges.

POLITZ, Circuit Judge:

Four inmates of the Texas Department of Criminal Justice Institutional Division (TDCJ), formerly the Texas Department of Corrections,1 invoked 42 U.S.C. § 1983, complaining of administrative punishment for refusing to work. After conducting a Spears2 hearing, the district court dismissed the complaint as frivolous under 28 U.S.C. § 1915(d). We affirm.

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