Calhoun v. Hargrove
Court of Appeals for the Fifth Circuit
1Opinion of the Court
DeMOSS, Circuit Judge:
Appellant, Edward James Calhoun, a Texas state prison inmate, filed suit pro se under 42 U.S.C. § 1983 against two prison officials for violations of his Eighth and Fourteenth Amendment rights. After Calhoun failed to respond to the Appellees’ Motion for Summary Judgment, the magistrate judge construed the motion as one for dismissal pursuant to Fed.R.Civ.P. 12(b)(6), and dismissed Calhoun’s claims for failure to state a claim. Calhoun now appeals.
BACKGROUND
On October 28, 1999, Appellant Edward James Calhoun, Jr., Texas state prisoner, filed a § 1983 complaint against…
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