U.S. Court of Appeals for the Fifth Circuit, 2017

Jackson v. University of Texas Medical Branch

Jackson v. University of Texas Medical Branch
U.S. Court of Appeals for the Fifth Circuit · Decided December 5, 2017 · Higginbotham, Jones, Graves
705 F. App'x 312

Jackson v. University of Texas Medical Branch

Opinion

PER CURIAM: *

Patrick O’Neal Jackson, Texas prisoner # 01861878, filed this civil rights action alleging that his Eighth Amendment rights have been violated by delays in treatment for a fungal infection. He alleges the delays in treatment occurred between June and December 2015. He alleges these delays caused him pain and suffering due to itching, swelling, and bleeding of the infected area. Jackson also alleges that none of the treatments he’s received have been effectiye. He admits to being seen and treated for this problem three times in the June to December timeframe.

The district court dismissed Jackson s complaint because it found it was frivolous and failed to state a claim upon which relief may be granted. Therefore, this court reviews the dismissal de novo. Coleman v. Lincoln Parish Detention Center, 858 F.3d 307, 308-09 (5th Cir. 2017). This court has carefully considered this appeal in light of Appellant’s brief and pertinent portions of the record. Having done so, we find no error in the district court’s dismissal. The district court’s judgment is AFFIRMED for essentially the same reasons articulated by that court. Jackson’s motion for appointment of counsel is DENIED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cm, R, 47.5.4.

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