Aguero v. Univ TX Medical Br, 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this opinion should not be published and is not precedent except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
August 19, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-40211
Summary Calendar
ALBERTO AGUERO,
Plaintiff-Appellant,
versus
UNIVERSITY OF TEXAS MEDICAL BRANCH,
an Entity; DOES 1 THRU 9, Jointly
and Severally, Inclusive,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. G-03-CV-294
--------------------
Before REAVLEY, WIENER and BENAVIDES, Circuit Judges.
PER CURIAM:*
The judgment of the district court is affirmed for the
following reasons:
1. Aguero does not challenge the determination that the
Eleventh Amendment bars his civil rights claims against
the University of Texas.
2. As for the individual defendants, Aguero has failed to
file a written report but, irrespective of that failure

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No. 04-40211
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and the justification for it, the only claim of
malpractice is the failure to supply him with darker
tinted eyeglasses, or to engage a different physician.
He has not alleged deliberate indifference to serious
medical needs. Dismissal was justified.
AFFIRMED

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