Alvidrez v. Williams ( 1999 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-50827
Summary Calendar
SERGIO HIRAM ALVIDREZ,
Plaintiff-Appellant,
versus
KENNETH W. WILLIAMS ET AL.,
Defendants,
DAYTON J. POPPELL, Warden; ADOLPH THOMAS JR.;
REFUGIO SAMARRON; MAURICE NEWCOMB,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-96-CV-1089
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July 19, 1999
Before EMILIO M. GARZA, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Sergio Hiram Alvidrez, Texas prisoner no. 512255, appeals
the district court’s summary judgment in favor of Dayton J.
Poppell, Warden of the Connally Unit of the Texas Department of
Criminal Justice, Institutional Division (TDCJ-ID), and Connally
Unit employees, Adolph Thomas, Jr., Refugio Samarron, and Maurice
*
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that this opinion should not be published and is not precedent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. 98-50827
-2-
Newcomb. Having reviewed the arguments and the record on appeal,
we find that Alvidrez failed to present evidence showing that a
genuine issue of material fact exists that the defendants were
deliberately indifferent to a substantial risk of serious harm.
See Newton v. Black, 133 F.3d 301, 308 (5th Cir. 1998); Newell v.
Oxford Management, Inc., 912 F.2d 793, 795 (5th Cir. 1990); Fed.
R. Civ. P. 56(c).
AFFIRMED.