Unpublished Dispositionarthur Nickens, Plaintiff-appellant, v. George T. Lewis; W. Otis Higgs, Jr.; James C. Shorter;betty L. Shorter, Defendants-appellees, 898 F.2d 154 (6th Cir. 1990)

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US Court of Appeals for the Sixth Circuit - 898 F.2d 154 (6th Cir. 1990) March 13, 1990

Before KENNEDY and RYAN, Circuit Judges, and ANN ALDRICH, District Judge.* 

ORDER

Arthur Nickens, a pro se Mississippi prisoner, appeals the district court's dismissal of his complaint filed under the provisions of 42 U.S.C. §§ 1983, 1985, and 1986. The case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and the briefs, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

Nickens is an inmate at the Mississippi State Penitentiary. Seeking monetary relief, Nickens sued James C. Shorter and Betty L. Shorter, the Honorable George T. Lewis, Chancellor of the Chancery Court of Shelby County, Tennessee, and W. Otis Higgs, Jr., attorney for James C. and Betty L. Shorter. In his complaint, Nickens alleged that Chancellor Lewis deprived him of his constitutional rights by holding adoption proceedings of Nickens' alleged natural child without allowing Nickens to appear personally and testify at the adoption hearing. He further alleged that Chancellor Lewis conspired with defendants Higgs and the Shorters to deprive him of his child in violation of the fifth, sixth and fourteenth amendments. The district court dismissed the complaint as frivolous pursuant to 28 U.S.C. § 1915(d). On appeal, Nickens reasserts his Sec. 1985 conspiracy claim and his claim against Chancellor Lewis.

Upon review, we affirm for the reasons stated by the district court in its February 7, 1989 order.

Accordingly, the district court's order is hereby affirmed pursuant to Rule 9(b) (5), Rules of the Sixth Circuit.

 *

The Honorable Ann Aldrich, U.S. District Judge for the Northern District of Ohio, sitting by designation