Harm vs. Hassel, (5th Cir. 2001)
Linked as:
Text
* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 01-50149 Summary Calendar STEVEN HARM, Plaintiff-Appellant, versus TERRY R. HASSEL; JIMMY R. LAWSON; RODNEY GEBERT; BENNY BOYKIN; TRAVIS BLACK; ROBERT LUMMUS; MONTE CULAME; RANDY B. DANIEL; CLAUDE BILL; REGINALDO STANLEY, DR.; ROCHELLE MCLANNEY; D.D. SANDERS, Warden; UTMB CORRECTIONAL MANAGEMENT HEALTHCARE, Defendants-Appellees. Appeal from the United States District Court for the Western District of Texas USDC No. W-99-CV-292 July 17, 2001 Before JONES, SMITH, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM: * Steven Harm, Texas inmate #701786, seeks leave to proceed in forma pauperis (§ 1983 complaint for failure to state a claim upon which relief can be g ranted. By moving for IFP, Harm is challenging the district courtÂ’s certification that he should not be granted IFP status b ecause his appeal is not taken in good faith. See Baugh v. Taylor , 117 F.3d 197, 202 (5th Cir. 1997).
Harm has failed to establish that his appeal involves nonfrivolous legal issues and is, therefore, taken in good faith.
See Howard v. King , 707 F.2d 215, 220 (5th Cir. 1983). Harm failed to present any evidence, other than his own conclusional assertions of retaliation, to rebut the defendantsÂ’ summary judgment evidence showing that Harm was disciplined and his custody cla ssification was changed for failing to obey prison rules and not because he had filed grievances against prison officers. See Woods v. Smith , 60 F.3d 1161, 1164 (5th Cir. 1995). Harm failed to raise a nonfrivolous issue with respect to the medical care provided to him by the p rison medical staff for his hernia condition. Harm did not present any credible evidence to rebut the defendantsÂ’ medical evidence that HarmÂ’s hernia condition did not require surgery and that he had received the proper treatment for his condition. Harm failed to show that the defendants acted with deliberate indifference to his serious medical needs. S ee Norton v. Dimazana , 122 F.3d 286, 291-92 (1997).
Harm also failed to show that the distric t court judge improperly weighed the evidence or failed in any way to act impartially during the proceeding. Harm failed to present any evidence that the district court judge held an extrajudicial bias against him or that there was a reasonable basis for questioning the district court judge§ 455(a), (b).
A district court shall dismiss a case whenever it determines that the action fails to state a claim on which relief may be granted. 2 8 U.S.C.
Harm has failed to raise any nonfrivolous issues on appeal. Harm§ 1915(e)(2)(B)(i); 5th Cir. R. 42.2. The district court§ 1915(g). See Adepegba v. Hammons , 103 F.3d 383, 388 (5th Cir. 1996). Harm is cautioned that if he accumulates three strikes, he will not be able to proceed IFP in any civil action or appeal while he is imprisoned § 1915(g).
HarmÂ’s motion for appointment of counsel is also DENIED as moot.
IFP DENIED; APPEAL DISMISSED; SANCTIONS WARNING ISSUED; MOTION FOR APPOINTMENT OF COUNSEL IS DENIED AS MOOT.
No. 01-50149
Sponsored links
This document cites
- U.S. Court of Appeals for the Fifth Circuit - Robert L. Baugh, Plaintiff-Appellant, v. Joe Max Taylor; Eric Nevelow; Perry Evans, Defendants-Appellees., 117 F.3d 197 (5th Cir. 1997)
- U.S. Court of Appeals for the Fifth Circuit - Joseph H. Norton, Plaintiff-Appellant, v. E.U. Dimazana, M.D.; Texas Department of Criminal Justice, Defendants-Appellees., 122 F.3d 286 (5th Cir. 1997)
- U.S. Court of Appeals for the Fifth Circuit - Valentino B. Adepegba, Plaintiff-Appellant, v. Billy G. Hammons, Individually and in His Official Capacity as Special Agent Assigned To F C I Oakdale; John L. Nixon, Individually and in His Official Capacity as Acting Supervisory Special Agent At F C I Oakdale, Defendants-Appellees., 103 F.3d 383 (5th Cir. 1996)
- U.S. Court of Appeals for the Fifth Circuit - Claude E. Woods, Plaintiff-Appellee, Cross-Appellant, v. Larry Smith, Et Al., Defendants-Appellants, Cross-Appellees., 60 F.3d 1161 (5th Cir. 1995)
- U.S. Court of Appeals for the Fifth Circuit - Clinton C. Howard, Jr., and Michael Chapman and Kenneth Robinson, Plaintiffs-Appellants, v. John T. King, Secretary, Department of Corrections, and Ross Maggio, Jr., Warden, Louisiana State Penitentiary, Defendants-Appellees., 707 F.2d 215 (5th Cir. 1983)
See other documents that cite the same legislation
