Sledge v. Dawson State Jail, et al

* 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that this opinion should not be published and is not precedent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
February 6, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-10909
Summary Calendar
JESSE RANCE SLEDGE,
Plaintiff-Appellant,
versus
DAWSON STATE JAIL; J.C. CONNERS, Director of MTC; WARDEN KEETON,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:03-CV-202-R
--------------------
Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Jesse Rance Sledge, inmate # 531827 of the Dawson State
Jail (the Jail), appeals the district court’s dismissal of his
42 U.S.C. § 1983 civil rights action against the Jail, Warden C.
Keeton, and prison administrator J.C. Conners, for failure to
state a claim. We AFFIRM.
In his complaint, Sledge alleged that for ten days after his
arrival at the Jail, he did not receive a medical examination or

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his diabetes medication. Sledge also alleged that (1) the Jail
provides insufficient food, which is served unsanitarily and
cold; (2) the living area is overcrowded and dirty; (3) the
toilet and shower areas are very dirty and smelly; (4) there are
no porters, mops, or brooms; and (5) the jail has failed to adopt
grievance procedures.
Based on the complaint and a questionnaire to which
Sledge provided answers, the magistrate judge filed a report
recommending dismissal of the action for failure to state a
claim. After de novo review, the district court adopted the
report and dismissed the action with prejudice.
The district court held that Sledge failed to state a
claim against the Jail because he failed to show that the Jail
sanctioned or approved the alleged conduct or practices and
because it cannot be held vicariously liable. See Street
v. Corrections Corporation of America, 102 F.3d 810, 817-18
(6th Cir. 1996). The court held that Sledge failed to state a
claim against Keeton and Conners because he failed to state facts
showing that they were personally involved and because they,
too, cannot be held vicariously liable. See Thompkins v. Belt,
828 F.2d 298, 303 (5th Cir. 1987).
Sledge has not adverted to these rulings in his brief.
By failing to brief the relevant issues, Sledge has in effect
abandoned any contention that the district court erred by

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dismissing his action for failure to state a claim. See Al-Ra’id
v. Ingle, 69 F.3d 28, 33 (5th Cir. 1995); Yohey v. Collins,
985 F.2d 222, 224-25 (5th Cir. 1993). Accordingly, he is not
entitled to relief.
AFFIRMED.

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