McCallup v. Hoffman

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-60373
Conference Calendar
VERONICA MCCALLUP,
Plaintiff-Appellant,
versus
UNKNOWN HOFFMAN, Warden, ET AL.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:02-CV-185-BN
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October 30, 2002
Before DeMOSS, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Veronica McCallup, Mississippi state prisoner # K1256,
appeals the district court’s dismissal of her civil rights action
as duplicative and therefore malicious. See 28 U.S.C. § 1915(e)
(2)(B)(i). She asserts that she is seeking relief relative to
unconstitutional acts which occurred after she had filed her
prior actions.
The record in this case, as well as McCallup’s allegations
and arguments, indicate that she has raised the claims made in

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No. 02-60373
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her instant complaint in her prior lawsuits. McCallup has failed
to demonstrate that the district court abused its discretion in
dismissing her complaint as malicious, based on its being
duplicative. See Bailey v. Johnson, 846 F.2d 1019, 1021 (5th
Cir. 1988).
McCallup is also requesting relief on a number of claims
that were not raised in her original complaint. These include
claims that (1) the appellee hospital performed tests on her in
retaliation for one of her previous lawsuits; (2) a Doctor
Culpepper is liable to her as a coconspirator; (3) Lula Wolfe,
a correctional officer, should be added as a codefendant;
(4) McCallup has been held in isolation for two years; and
(5) she should be granted injunctive relief.
These claims will not be considered on this appeal because
they were not pleaded in McCallup’s complaint and they do not
involve purely legal questions. See Burch v. Coca-Cola Co.,
119 F.3d 305, 319 (5th Cir. 1997); Kelly v. Foti, 77 F.3d 819,
822 (5th Cir. 1996).
AFFIRMED.

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