U.S. Court of Appeals for the Fifth Circuit, 2005

Davis v. Mississippi Department of Corrections

Davis v. Mississippi Department of Corrections
U.S. Court of Appeals for the Fifth Circuit · Decided June 21, 2005 · Wiener, Stewart, Dennis
134 F. App'x 760

Davis v. Mississippi Department of Corrections

Opinion

PER CURIAM: *

Louis Davis, Jr., Mississippi prisoner # 16425, appeals from the district court’s dismissal of his civil rights suit pursuant to 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim. Davis argues that the defendants were deliberately indifferent to his medical needs and provided inadequate medical care. We affirm.

According to the complaint, Davis was examined for a foot condition by several doctors, who gave him different diagnoses ■and prescribed various pain medications and antibiotics. Doctors also x-rayed his foot. Davis complains that he. was not permitted to see a foot specialist at a hospital outside the prison. We conclude that Davis’s complaints about his medical care and the lack of further opinions from specialists do not rise to the level of deliberate indifference. See Estelle v. Gamble, 429 U.S. 97, 105-07, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976); Domino v. Texas Dep’t of Criminal Justice, 239 F.3d 752, 756 (5th Cir. 2001); Johnson v. Treen, 759 F.2d 1236, 1238 (5th Cir. 1985). At most, Davis’s allegations amount to claims for medical malpractice, which is insufficient for relief under 42 U.S.C. § 1983. See Varnado v. Lynaugh, 920 F.2d 320, 321 (5th Cir. 1991).

AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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