Cabellero vs. Sharp, (5th Cir. 1999)

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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .

R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-41233 Summary Calendar ARMANDO CABELLERO, Plaintiff-Appellant, versus JOHN SHARP, Building Major, Eastham Unit of the Texas Department of Criminal Justice; CHARLES FRIZELL, Corrections Counselor, Eastham Unit of the Texas Department of Criminal Justice; DEBORAH KINNEY, Correctional Counselor, Eastham Unit of the Texas Department of Criminal Justice, Defendants-Appellees. Appeal from the United States District Court for the Eastern District of Texas USDC No. 9:94-CV-252 December 16, 1999 Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.

PER CURIAM: * Armando Caballero, Texas prisoner no. 602232, appeals the jury verdict rendered in favor of the defendants in this 42 U.S.C. § 1983 prisoner civil rights case. Caballero argues that the magistrate judge deprived him the right to a fair trial by failing to secure the appearance of Arthur Brown at his trial.

The record on appeal does not support CaballeroÂ’s contention that he attempted to secure BrownÂ’s testimony; thus, we find no error.

See United States v. Coveney , 995 F.2d 578, 587 (5th Cir. 1993); United States v. Hinojosa , 958 F.2d 624, 632 (5th Cir. 1992).

AFFIRMED.

No. 98-41233

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