IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-10246 Summary Calendar

SCOTT SAMFORD, Plaintiff-Appellant, versus DR BOWERS, Medical Director Dallas County Jail, Defendant-Appellee.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 3:99-CV-1573-AH -------------------- November 16, 2000 Before DAVIS, JONES and DEMOSS, Circuit Judges.

PER CURIAM:* Scott Samford has appealed the district court’s grant of summary judgment to the defendant in his 42 U.S.C. § 1983 civil rights action. We AFFIRM.

Samford argues that 1) the defendant refused to fill and dispense prescriptions for pain medication that were written for him by a hospital staff, and 2) that in spite of his serious medical condition, the defendant housed him in an open dormitory with the general prison population rather than in a medical unit.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 00-10246 -2- Our de novo review of the record reveals that Samford’s claims are without merit. There was no genuine issue of material fact regarding whether the defendant acted or failed to act with subjective deliberate indifference to Samford’s serious medical needs. See Hare v. City of Corinth, 74 F.3d 633, 647-48 (5th Cir. 1996)(en banc). Accordingly, the district court’s grant of summary judgment is AFFIRMED.