Cook v. TTUHSC Medical Personnel ( 2022 )

Case: 21-10053 Document: 00516296140 Page: 1 Date Filed: 04/26/2022
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
FILED
April 26, 2022
No. 21-10053 Lyle W. Cayce
Clerk
Reyce Cook,
Plaintiff—Appellant,
versus
TTUHSC Medical Personnel; Ralph Rosiles; NFN NLN,
Unknown Medical Personnel; Sergeant NFN Reyes; Lieutenant
NFN Wilkerson; TDCJ Officials,
Defendants—Appellees.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:20-CV-71
Before Southwick, Graves, and Costa, Circuit Judges.
Per Curiam:*
Reyce Cook, Texas prisoner # 1804354, seeks leave to appeal in forma
pauperis (IFP) from the dismissal of his civil action for failure to state a claim
under 42 U.S.C. § 1983 or the Americans with Disabilities Act (ADA). See
*
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opinion should not be published and is not precedent except under the limited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: 21-10053 Document: 00516296140 Page: 2 Date Filed: 04/26/2022
No. 21-10053
28 U.S.C. §§ 1915, 1915A. He only contention is that defendants were
deliberately indifferent to his medical needs on the day he suffered a heat-
related illness.
The magistrate judge who decided the case by consent of the parties,
correctly ruled that Cook failed to meet the extremely difficult standard for
showing deliberate indifference. See Brewster v. Dretke, 587 F.3d 764, 770
(5th Cir. 2009); Gobert v. Caldwell, 463 F.3d 339, 345 (5th Cir. 2006). Cook
has abandoned the ADA claim and any other potential issues by failing to
brief them. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).
Because Cook fails to present any nonfrivolous issue for appeal, his
IFP motion is DENIED, and the appeal is DISMISSED as frivolous. See
Baugh v. Taylor, 117 F.3d 197, 202 n.24 (5th Cir. 1997); 5th Cir. R. 42.2.
Cook’s motion to appoint counsel is also DENIED.
The district court’s dismissal of the action for failure to state a claim
and this court’s dismissal of the appeal as frivolous count as strikes under
§ 1915(g). See Coleman v. Tollefson, 575 U.S. 532, 537 (2015). Research
reveals that Cook already had three strikes. Accordingly, Cook is BARRED
from proceeding IFP in any civil action or appeal filed while he is incarcerated
or detained in any facility unless he is under imminent danger of serious
physical injury. See § 1915(g). Cook is WARNED that any pending or
future frivolous or repetitive filings in this court or any court subject to this
court’s jurisdiction may subject him to additional sanctions, including
monetary sanctions and limits on his access to court.
2