IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-31398 Summary Calendar

RALPH JOHN KAMPEN,

Plaintiff-Appellant,

versus

HARRY LEE, Sheriff; GLEN JAMBON, Major; KENNY DAVIS, Licensed Practical Nurse; HEAD ADMINISTRATOR CHARITY HOSPITAL NEW ORLEANS; ADMINISTRATOR OF CLINIC APPOINTMENT DEPT., CHARITY HOSPITAL NEW ORLEANS; BOBBY JANDAL, Secretary LA Dept. of Health & Hospitals; RICHARD LIPPINCOTT, Deputy Sec. LA Dept. of Health & Hospitals; HEAD ADMINISTRATOR E.K. LONG HOSPITAL; HEAD OF UROLOGY CLINIC E.K. LONG HOSPITAL; DR. BLUE, Urologist; HEAD OF SURGERY CLINIC, E.K. LONG HOSPITAL; DR. COMINSKY, Surgeon; C. M. LENSING, Warden; CORNEL HUBERT, Asst. Warden; ELOISE PARQUET; G. WIEST, Dr.; M. HEGMANN, Dr.,

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 98-CV-1760-L - - - - - - - - - - October 25, 1999

Before KING, Chief Judge, and DAVIS and BENAVIDES, Circuit Judges.

PER CURIAM:*

Ralph John Kampen, a Louisiana prisoner (# 353990), appeals

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 98-31398 -2-

from the dismissal of his pro se civil rights action as frivolous

“and/or” for failure to state a claim under

(e)(2). Kampen sued various Louisiana medical and

correctional employees, alleging that they had been deliberately

indifferent in treating, or in failing to treat, a testicular

condition.** Kampen continues to argue that he was misdiagnosed

and subjected to deliberate indifference.

The district court did not abuse its discretion in

concluding, after a telephonic hearing pursuant to Spears v.

McCotter,

(5th Cir. 1985), that Kampen’s claims

regarding his treatment at Jefferson Parish Correctional Center

(“JPCC”) were frivolous, under

(e)(2)(B).*** See

Ruiz v. United States,

(5th Cir. 1998)

(addressing Bivens-type claims by federal inmate). As stated by

the magistrate judge in his report recommending that Kampen’s

JPCC claims be dismissed, Kampen’s medical records reflect that

he received frequent and consistent medical treatment while he

was confined at JPCC. See Norton v. Dimazana,

, 291

** Some of Kampen’s claims addressed a period during which he was confined at the Hunt Correctional Center. Those claims were dismissed by the United States District Court for the Middle District of Louisiana pursuant to FED. R. CIV. P. 54(b), and Kampen’s appeal of the dismissal of those claims has already been dismissed by this court. The instant appeal concerns only claims that defendants treated Kampen with deliberate indifference while he was confined at Jefferson Parish Correctional Center. *** Although the district court effectively dismissed the complaint both as frivolous and for failure to state a claim, this court need not address both of those grounds. See Sojourner T v. Edwards,

(5th Cir. 1992). No. 98-31398 -3-

(5th Cir. 1997). The judgment of the district court is AFFIRMED.