GONZALES v. WYATT

No. 97-41074.

157 F.3d 1016 (1998)

Raul GONZALES, Jr., Plaintiff-Appellant, v. Morris WYATT, Sergeant, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 23, 1998.


Attorney(s) appearing for the Case

Raul Gonzales, Jr., Livingston, TX, pro se.

Nathan Ray Horne, Austin, TX, for Defendant-Appellee.

Before KING, GARWOOD and HIGGINBOTHAM, Circuit Judges.


GARWOOD, Circuit Judge:

Plaintiff-appellant Raul Gonzales, Jr. (Gonzales), a prisoner in the Texas Department of Criminal Justice, appeals the limitations-based dismissal of his 42 U.S.C. § 1983 in forma pauperis (IFP) suit against defendant-appellee Morris Wyatt (Wyatt), alleging that in an altercation on January 24, 1994, Wyatt, a corrections officer at the Darrington Unit where Gonzales was then confined, used excessive force against Gonzales.

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