Nash v. Mills
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. § 1983complaint 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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- Unpublished