GILBERT v. COLLINS

No. 89-6066 Summary Calendar.

905 F.2d 61 (1990)

Steven GILBERT, Plaintiff-Appellant, v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, et al., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 19, 1990.


Attorney(s) appearing for the Case

Steven Gilbert, Tennessee Colony, Tex., for plaintiff-appellant.

Before GEE, DAVIS, and JONES, Circuit Judges.


PER CURIAM:

Texas prisoner Steven Gilbert consented to having his § 1983 suit decided by a magistrate, who held a Spears hearing, made findings, and dismissed the suit as frivolous. Gilbert's motion to reconsider was denied, and he appealed.

At a Spears hearing, Gilbert testified that the sole defendant, prison officer Wise, kicked the door to the food slot of his cell, cutting off the tip of Gilbert's finger, which was reattached by plastic...

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