Nash v. Mills

U.S. Court of Appeals for the Fifth Circuit

Nash v. Mills

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-21079 Conference Calendar

DENNIS A. NASH,

Plaintiff-Appellant, versus

PAUL F. MILLS, Doctor; NAIK, Doctor; L. ASCHBERGER, Physician Assistant; LE, Doctor; HIRSCH, Lieutenant; JAMES DANE, Doctor,

Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-99-CV-1437 -------------------- December 11, 2001 Before HIGGINBOTHAM, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:*

Dennis A. Nash appeals the dismissal of his

42 U.S.C. § 1983

complaint against the above-named defendants as frivolous and for

failure to state a claim, pursuant to

28 U.S.C. § 1915

(e)(2)(B)(i) & (ii).

Although Nash identifies seven points of error, the only

issue he briefs is whether the district court abused its

discretion in dismissing his deliberate indifference claims.

Accordingly, because Nash does not brief his remaining issues, or

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 00-21079 -2-

address his claim of excessive force, those issues are deemed

abandoned. See Yohey v. Collins,

985 F.2d 222, 225

(5th Cir.

1993).

We have reviewed the record and briefs submitted by the

parties and hold that the district court did not abuse its

discretion in dismissing Nash’s deliberate indifference claims.

Estelle v. Gamble,

429 U.S. 97, 106

(1976); Berry v. Brady,

192 F.3d 504, 507

(5th Cir. 1999); Varnado v. Lynaugh,

920 F.2d 320, 321

(5th Cir. 1991). Accordingly, the district court’s judgment

is AFFIRMED.

Nash has filed motions for the appointment of counsel, for

an emergency temporary restraing order, and for an injunction

pending appeal. All motions are DENIED.

Reference

Status
Unpublished