IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-50540 Summary Calendar

STEVEN L. SONDLEY,

Plaintiff-Appellant,

versus

BEXAR COUNTY JAIL EMPLOYEES; FNU SANTANA, Officer; CESAR A. GARCIA, Physician who treated broken rib; PATTY SMITH,

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. SA-97-CV-845 - - - - - - - - - -

March 15, 1999

Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Steven L. Sondley, now a Texas prisoner (# 342397), appeals

from the district court’s judgment dismissing his civil rights

complaint brought pursuant to

, concerning an

alleged beating and denial of medical treatment while he was a

pretrial detainee at Bexar County Jail. Sondley contends that:

(1) the district court erred by granting defendant Dr. Cesar

Garcia’s motion to dismiss pursuant to FED. R. CIV. P. 12(b)(6),

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 98-50540 -2-

and (2) that the district court abused its discretion by refusing

to permit him to conduct discovery and by refusing to appoint

counsel for him. We have reviewed the record and the briefs of

the parties, and we AFFIRM the district court’s dismissal for

essentially the same reasons set forth by the magistrate judge

and adopted by the district court. See Sondley v. Santana, No.

SA-97-CA-0845-FB (W.D. Tex. Jan. 28, 1998).

Sondley’s motion to strike the appellate brief of Dr. Garcia

is DENIED.

JUDGMENT AFFIRMED; MOTION TO STRIKE DENIED.