Magoon vs. Scott, (5th Cir. 1996)

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-40227 Summary Calendar MICHAEL ARTHUR MAGOON, Plaintiff-Appellant, VERSUS WAYNE SCOTT, Director, Texas Department of Criminal Justice, Institutional Division, et al., Defendants-Appellees. ***************************************************************** MICHAEL ARTHUR MAGOON, Plaintiff-Appellant, VERSUS WAYNE SCOTT, Director, Texas Department of Criminal Justice, Institutional Division, et al., Defendants-Appellees. Appeal from the United States District Court for the Eastern District of Texas (6:95-CV-240) June 21, 1996 Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM: * Michael Magoon appeals the dismissal of h is suit under 28 U.S.C. § 1915(d). Magoon contends that medical personnel should have performed an x-ray on his back and should have concluded that his prior back injuries precluded him from working. His complaints are, at best, either allegations of negligent treatment or disputes regarding the type of treatment he received and, thus, do not evidence constitutionally inadequate trea tment. S ee Johnson v. Treen , 759 F.2d 1236, 1238 (5th Cir. 1985).

Magoon avers that he has been denied access to the court.

Although the magistrate judge should have addressed MagoonÂ’s courtaccess claim, Magoon has not identified any reversible error. S ee Walker v. Navarro Coun ty Jail , 4 F.3d 410, 413 (5th Cir. 1993).

Accordingly, the judgment is AFFIRMED.

Pursuant to 5 TH C IR. R. 47.5, the court has d etermined that this opinion should not be published except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4

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