Opinion
No. 13-20306
12-30-2013
BRENT VONCEY FIELDS, Plaintiff - Appellant v. TOMMY GAGE, Sheriff, in and for Montgomery County Texas; MAGGI CARMICHAEL, Open Record Division Management for Montgomery County Sheriff's Office, Defendants - Appellees
Summary Calendar
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:13-CV-1066
Before KING, BARKSDALE, and HIGGINSON, Circuit Judges. PER CURIAM:
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
Brent Voncey Fields, Texas prisoner # 1494161, proceeding pro se and in forma pauperis, challenges the dismissal of his action pursuant to 42 U.S.C. § 1983. Fields contends he is entitled to copies of records regarding the dates and times his attorney visited him when he was in the Montgomery County Jail. He also claims Texas Government Code § 552.028, which allows Texas agencies to refuse prisoners' requests for records, violates his right to due process.
The dismissal of the complaint is reviewed de novo. Anderson v. Jackson, 556 F.3d 351, 355 (5th Cir. 2009). Fields has no federally-protected right to receive copies of state records. Colbert v. Beto, 439 F.2d 1130, 1131 (5th Cir. 1971); see, e.g., Moreno v. Curry, No. 06-11277, 2007 WL 4467580, at *2 (5th Cir. 20 Dec. 2007) (per curiam) (unpublished) (quoting Colbert and reaching same result in appeal from denial of request under Texas Government Code § 552.028). Accordingly, his claim that Texas Government Code § 552.028 is unconstitutional is without merit.
AFFIRMED.