Applewhite v. Barret ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT September 20, 2004
Charles R. Fulbruge III
Clerk
No. 03-20869
Summary Calendar
TERRENCE APPLEWHITE,
Plaintiff-Appellant,
versus
JERRY BARRET, Assistant Warden;
LAWRENCE WHITE, Risk Management
Coordinator; VANDALYN ROWE,
Laundry Captain; JANNA THORNBROUGH,
Laundry Manager; GARY JOHNSON,
Defendants-Appellees.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-02-CV-104
Before GARWOOD, JOLLY and CLEMENT, Circuit Judges.
PER CURIAM:*
Terrence Applewhite, Texas prisoner #770432, appeals the
district court’s judgment granting summary judgment in favor of the
defendants in his civil rights complaint pursuant to 42 U.S.C. §
1983. As an initial matter, Applewhite does not argue that the
district court erred in dismissing his claims under the Texas Tort
*
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opinion should not be published and is not precedent except under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.
Claims Act and erred in denying his request for injunctive relief.
Nor does Applewhite aver that the district court erred in
dismissing his claim against Janie Cockrell** for failure to state
a claim or in rejecting his retaliation claim. Id. Accordingly,
he is deemed to have abandoned the issues on appeal. Yohey v.
Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).
This court reviews a grant of summary judgment de novo.
Abbott v. Equity Group, Inc., 2 F.3d 613, 618 (5th Cir. 1993).
Applewhite has failed to show a genuine issue for trial that the
defendants were deliberately indifferent to his serious medical
need. See Farmer v. Brennan, 511 U.S. 825, 847 (1994). The
summary judgment evidence showed that Applewhite’s foot condition
did not constitute a serious medical need and that any swelling or
pain was not caused by the wearing of the state-issued boots for
five hours. The judgment of the district court is
AFFIRMED.
**
The complaint originally named Gary Johnson. As Cockrell
succeeded Johnson as Director of the TDCJ-IJ, Cockrell was
substituted as a party pursuant to FED. R. CIV. P. 25(d)(1).
2