Thaddus C. Simmons v. D.J. Poppell

A prisoner appeals from the dismissal as frivolous of his § 1983 action. We affirm.

I

Thaddus C. Simmons, proceeding pro se and in forma pauperis, filed this action against three prison officials alleging that they had failed to investigate adequately and locate a radio that was removed from his cell by another prison official who is not named as a defendant to this action. After an evidentiary hearing held pursuant to Spears v. McCotter, 766 F.2d 179 (5th Cir.1985), the district court dismissed the action as frivolous, holding that the complaint was de minimis and failed to raise a…