Sanders v. Spillers

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
April 27, 2005
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT
04-60542
Summary Calendar
SAMMIE LEE SANDERS,
Plaintiff-Apellant,
versus
SONYA SPILLERS,
Defendant-Appellee.
Appeal from the United States District Court
for the Southern District of Mississippi
(5:02-CV-119-BN)
Before JONES, BARKSDALE, and PRADO, Circuit Judges.
PER CURIAM:*
Sammie Lee Sanders, Mississippi prisoner #44506, appeals the
summary judgment granted Sonya Spillers, a nurse, against Sanders’
42 U.S.C. § 1983 action. (Sanders’ motions for appointment of
counsel and to file an out-of-time reply brief are DENIED.)
We review summary judgment de novo, “examining the evidence in
the light most favorable to [Sanders], the nonmovant”. Duckett v.
City of Cedar Park, Tex., 950 F.2d 272, 276 (5th Cir. 1992)
(citation omitted). Sanders maintains: he received no care for an

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incident on 17 November 2001; and the failure by Spillers and the
medical staff to evaluate and treat him constituted deliberate
indifference to his serious medical needs. Sanders contends his
submission of sick call requests is irrelevant to the state of his
health, and that his condition 17 days later was not determinative
of whether he suffered any permanent physical damage.
Sanders complained about his back and breathing on 17 November
2001. Medical personnel made rounds every day from 17 November to
4 December, when Sanders was taken to the medical unit; however,
the log indicated nothing abnormal. On 4 December, a prison doctor
diagnosed a muscle spasm and prescribed ibuprofen and Flexeril.
Sanders’ vital signs, breathing, and pulmonary health all appeared
normal. A second doctor found nothing wrong with Sanders. Sanders
did not indicate the significance of whatever was found by later x-
rays, nor did he place into the record any documents reflecting the
x-rays into the record. The evidence demonstrated no substantial
harm resulted because Sanders was not treated by medical personnel
between 17 November and 4 December. Summary judgment was
appropriate. See Mendoza v. Lynaugh, 989 F.2d 191, 195 (5th Cir.
1993).
AFFIRMED

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