United States Court of Appeals Fifth Circuit F I L E D September 3, 2003 IN THE UNITED STATES COURT OF APPEALS Charles R. Fulbruge III FOR THE FIFTH CIRCUIT Clerk

No. 02-21285

CHARLES MCFADDEN; DORIS MCFADDEN, Estate of, Plaintiffs-Appellants, versus ERIC M. BOST, Etc., ET AL., Defendants, DON A. GILBERT, Commissioner of the Texas Health and Human Services Commission; JAMES R. HINE, Commissioner, Defendants-Appellees.

Appeal from the United States District Court for the Southern District of Texas (USDC No. H-01-CV-1060) _______________________________________________________

Before REAVLEY, JONES and CLEMENT, Circuit Judges.

PER CURIAM:*

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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

We affirm the judgment for the reasons given by the district court in its order dated August 5, 2002.

AFFIRMED.