Herrera v. Villalobos

¶1 Raul Herrera, Texas prisoner # 585739, appeals the dismissal of his 42 U.S.C. § 1983 complaint as frivolous. In his complaint, Herrera alleged that the defendant falsely accused Herrera of being in a prison gang, which resulted in Herrera’s confinement in administrative segregation. Herrera argues that his confinement in administrative segregation violates his rights under the First, Eighth, and Fourteenth Amendments. Herrera has demonstrated neither that his constitutional rights were violated nor that the district court’s dismissal of his complaint was an abuse of discretion. See Turner v. Safley, 482 U.S. 78, 89-90, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987); Martin v. Scott, 156 *416 F.3d 578, 579 (5th Cir.1998); Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997); Pichardo v. Kinker, 73 F.3d 612, 613 (5th Cir.1996). The judgment of the district court is AFFIRMED.