Jackson v. Hopkins ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-60188
Summary Calendar
DAVID JACKSON,
Plaintiff-Appellant,
versus
JESSIE HOPKINS, ET AL,
Defendants,
ANDRA LEE; RAY CHARLES GREEN; CAROLYN ROBERTSON,
Defendants-Appellees,
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DAVID JACKSON,
Plaintiff-Appellant,
versus
HUBERT ROBERT; CAROLYN ROBERTS; RAY CHARLES GREEN,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC Nos. 3:97-CV-674-WS, 97-CV-832
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October 24, 2000
Before EMILIO M. GARZA, STEWART and PARKER, Circuit Judges.
PER CURIAM:*
David Jackson, Mississippi prisoner number 39640, appeals
the magistrate judge’s dismissal of his 42 U.S.C. § 1983 suit.
*
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that this opinion should not be published and is not precedent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. 99-60188
-2-
His appeal concerns only those claims that arose from incidents
occurring in August 1997. Jackson has failed to brief whether
his claims of deliberate indifference to medical needs were
barred by collateral estoppel. See Yohey v. Collins, 985 F.2d
222, 225 (5th Cir. 1993). Those issues are thus waived.
Jackson has failed to show that the magistrate judge erred
in dismissing his excessive force claims. This dismissal was
based largely on a credibility assessment, which we will not
second-guess. See United States v. Garza, 118 F.3d 278, 283 (5th
Cir. 1997. The documentary evidence adduced at trial further
supports the magistrate judge’s dismissal of Jackson’s excessive
force claims. Jackson has also failed to show that the
magistrate judge erred in consolidating Jackson’s cases pursuant
to Jackson’s motion to do so. Because Jackson has failed to show
that the lower court erred, its judgment is AFFIRMED.