¶1 Herman Pena appeals the summary judgement dismissal of his 42 U.S.C. § 1983 action alleging that he was improperly beaten while incarcerated. As he has failed to offer any evidence or allegation of injury, see Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.1994) (en banc), the district court properly granted the defendant’s motion for summary judgment. See Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir.1997) (the defendant must allege more than a de minimis injury); 42 U.S.C. § 1997e(e).
¶2 AFFIRMED; motion for appointment of counsel DENIED.