* 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this opinion should not be published and is not precedent except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.

United States Court of Appeals

Fifth Circuit

FILED

December 19, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-11398

Summary Calendar

MARK ANTHONY JONES,

Plaintiff-Appellant,

versus

LYDIA HUDNELL; WILLIAM MABRY,

Defendants-Appellees.

--------------------

Appeals from the United States District Court

for the Northern District of Texas

USDC No. 2:05-CV-285

--------------------

Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.

PER CURIAM:*

Mark Anthony Jones, Texas prisoner # 515060, proceeding pro se

and in forma pauperis, appeals the district court’s dismissal of

his 42 U.S.C. § 1983 complaint for failure to state a claim. Jones

raised various claims for relief based on the defendants’ roles in

refusing to allow him to bring his personal property on a prison

transport bus. We review the district court’s dismissal de novo.

See Velasquez v. Woods, 329 F.3d 420, 421 (5th Cir. 2003). 

Jones alleged that the defendants’ action resulted in a denial

of access to the courts; Jones has failed to adequately brief this
No. 05-11398

-2-

issue on appeal. Brinkmann v. Dallas County Deputy Sheriff Abner,

813 F.2d 744, 748 (5th Cir. 1987); Yohey v. Collins, 985 F.2d 222,

225 (5th Cir. 1993). Jones also argues that the defendants are not

entitled to qualified immunity. We do not consider this argument;

the district court did not dismiss the complaint based on qualified

immunity.

Jones asserts that the defendants’ actions constituted

retaliation. Because Jones cannot show that the allegedly adverse

act constituted more than a de minimis injury, he has failed to

state a valid retaliation claim. Morris v. Powell, 449 F.3d 682,

685-86 (5th Cir. 2006), petition for cert. filed (Sep. 18, 2006)

(No. 06-6798). 

Jones asserts that the defendants were deliberately

indifferent to his medical limitations, which restricted the amount

of weight that he could safely carry. Jones, however, concedes

that after he complained to prison officials, the number of items

he was required to carry was reduced due to his medical

limitations. Jones has not stated a claim of deliberate

indifference. See Harris v. Hegmann, 198 F.3d 153, 156 (5th Cir.

1999). 

Jones asserts that the defendants violated prison policies

that allowed prisoners to carry one bag of personal property onto

the transport bus. A violation of prison regulations, without

more, does not give rise to a federal constitutional violation.

Hernandez v. Estelle, 788 F.2d 1154, 1158 (5th Cir. 1986). Jones
No. 05-11398

-3-

also asserts that he was the victim of “disparate treatment.”

Jones has not shown that he was intentionally treated differently,

without a rational basis for the distinction, from similarly

situated inmates. Village of Willowbrook v. Olech, 528 U.S. 562,

564 (2000). 

Jones raised several state law claims, which the district

court declined to consider. Bass v. Parkwood Hosp., 180 F.3d 234,

246 (5th Cir. 1999). The district court did not abuse its

discretion in dismissing the state law claims without prejudice.

Batiste v. Island Records, Inc., 179 F.3d 217, 226 (5th Cir. 1999);

28 U.S.C. § 1367(c)(3). 

Jones’s appeal lacks arguable merit and is dismissed as

frivolous. See 5TH CIR. R. 42.2; Howard v. King, 707 F.2d 215,

219-20 (5th Cir. 1983). The district court’s dismissal of the

§ 1983 suit and this dismissal count as two strikes for purposes of

28 U.S.C. § 1915(g). See Adepegba v. Hammons, 103 F.3d 383, 388

(5th Cir. 1996). Jones is cautioned that if he accumulates three

strikes under § 1915(g), he will not be able to proceed in forma

pauperis in any civil action or appeal filed while he is

incarcerated or detained in any facility unless he is under

imminent danger of serious physical injury. See § 1915(g).

APPEAL DISMISSED; SANCTION WARNING ISSUED.