Velazquez v. Carswell ( 2021 )

Case: 20-10800 Document: 00516096866 Page: 1 Date Filed: 11/17/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
November 17, 2021
No. 20-10800
Lyle W. Cayce
Summary Calendar Clerk
Phillip M. Velazquez,
Plaintiff—Appellant,
versus
Brandi Carswell,
Defendant—Appellee.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:19-CV-176
Before Southwick, Oldham, and Wilson, Circuit Judges.
Per Curiam:*
Phillip M. Velazquez appeals the dismissal of his civil lawsuit asserting
that the defendant, Brandi Carswell, was deliberately indifferent to his
medical needs while he was a pretrial detainee (# 175528) at the Lubbock
County Detention Center. The district court dismissed the complaint for
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 20-10800 Document: 00516096866 Page: 2 Date Filed: 11/17/2021
No. 20-10800
failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). We review
the district court’s dismissal de novo. Black v. Warren, 134 F.3d 732, 734 (5th
Cir. 1998).
Velazquez has failed to demonstrate any error in the dismissal of his
denial-of-medical-care claim. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009);
Bustos v. Martini Club, Inc., 599 F.3d 458, 461-62 (5th Cir. 2010); see also
Farmer v. Brennan, 511 U.S. 825, 837 (1994); Gobert v. Caldwell, 463 F.3d 339,
346 (5th Cir. 2006). He likewise has failed to show that the district court
abused its discretion in denying his motion to amend his complaint. See
Marucci Sports, L.L.C. v. Nat’l Collegiate Athletic Ass’n, 751 F.3d 368, 378
(5th Cir. 2014).
Accordingly, the district court’s judgment is AFFIRMED.
Velazquez’s motion to amend his complaint is DENIED.
2