Cole v. Wadley

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-10415 (Summary Calendar) TONY FITZGERALD COLE, Plaintiff-Appellant, versus KENNETH WADLEY, EL AL., Defendants, KENNETH WADLEY, Defendant-Appellee. . Appeal from the United States District Court for the Northern District of Texas (1:95-CV-117-C) November 6, 1996 Before DAVIS, EMILIO M. GARZA, and STEWART, Circuit Judges. PER CURIAM:* Tony Fitzgerald Cole, appeals the dismissal of his civil rights complaint pursuant to 28 U.S.C. § 1915 (d), now § 1915 (e)(2)(B)(I), and the denial of his motions for a default judgment against Defendant Wadley and for service of process on him, as well as the denial of his motion for the appointment of counsel. His claim asserted various violations of 42 U.S.C. § 1983 * Pursuant to Local Rule 47.5, the court has determined t hat this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. by prison officials of the Texas Department of Corrections, Amarillo, Texas.