Madison v. Atwood

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-41182 Conference Calendar NESBITT EDWIN MADISON, Plaintiff-Appellant, versus D. ATWOOD, Captain, Beto I, Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:96-CV-782 - - - - - - - - - - June 17, 1997 Before SMITH, STEWART, and DENNIS, Circuit Judges. PER CURIAM:* Nesbitt Edwin Madison, Texas prisoner #611189, filed a civil rights complaint under 42 U.S.C. § 1983 against Captain D. Atwood of the Texas Department of Criminal Justice - Institutional Division (TDCJ-ID). Madison argues that the district court abused its discretion by dismissing as frivolous his claim that Atwood violated his due process rights by not classifying him as a Level 1 prisoner.