Brent Fields v. Tommy Gage, et al, No. 13-20306 (5th Cir. 2013)

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The court issued a subsequent related opinion or order on January 20, 2014.

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Case: 13-20306 Document: 00512484092 Page: 1 Date Filed: 12/30/2013 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 13-20306 Summary Calendar FILED December 30, 2013 Lyle W. Cayce Clerk 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 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: * 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 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 13-20306 Document: 00512484092 Page: 2 Date Filed: 12/30/2013 No. 13-20306 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(5th Cir. 1971); see, e.g., Moreno v. Curry, No. 06-11277, 2007 WL 4467580, at *2 (5th Cir. 20 Dec. 2007) (per curiam) (unpublished) (quoting Colbert and reaching same result in appeal from denial of request under Texas Government Code § 552.028).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. 2