Carter v. Gonzales

UNITED STATES COURT OF APPEALS
for the Fifth Circuit
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No. 95-50253
Summary Calendar
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BILLY DALE CARTER,
BILLY FRANK DAVIS, and
MOSES PRINCE, JR.,
Plaintiffs-Appellants
VERSUS
JOE GONZALES, WARDEN, ET AL,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Louisiana
(SA-94-CV-987)
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November 13, 1995
Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.
PER CURIAM:1
The only issue before this court is the propriety of the
district court's order denying injunctive relief to plaintiffs.
Inmates Billy Dale Carter, Billy Frank Davis, and Moses Prince sued
several officials of the Dolph Briscoe Unit of the Texas prison
system. Plaintiffs alleged that, although they had tested positive
for hepatitis C, defendants failed to conduct followup liver
assessments or refer them for specialized care. They sought
1
Local Rule 47.5 provides: "The publication of opinions
that have no precedential value and merely decide particular cases
on the basis of well-settled principles of law imposes needless
expense on the public and burdens on the legal profession."
Pursuant to that Rule, the court has determined that this opinion
should not be published.
monetary damages and an order directing prison officials to provide
them with immediate treatment. While this suit was pending,
plaintiffs filed a number of motions. In one of these they
asserted that prison officials had retaliated against them for
instituting suit and asked the district court to remove them from
state custody, or at least from the Dolph Briscoe Unit, for the
duration of the litigation. The magistrate judge determined that
plaintiffs had not alleged sufficient facts to support these
allegations. On his recommendation, the district court denied all
motions for injunctive relief. Plaintiff Carter filed this appeal.
This court will not reverse a district court's decision to
grant or deny a motion for a preliminary injunction absent a
showing of abuse of discretion. Lakedreams v. Taylor, 932 F.2d
1103, 1107 (5th Cir. 1991). The only fact offered to support
Carter's claim of retaliation is the timing of a major disciplinary
report filed against him; he was accused of threatening defendant
Waldrum only ten days after the plaintiffs served their
interrogatories. Presented with only this evidence, the district
court concluded that Carter had not demonstrated a substantial
threat that irreparable injury would result from its failure to
grant an injunction.2 The district court did not abuse its
discretion in so holding.
AFFIRMED.
2
Billy Dale Carter has also filed a motion for relief and
settlement memorandum which is unrelated to the limited issues
pending before this court related to plaintiff's claim for
injunctive relief. The motion is therefore denied.
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