Texte intégral
* 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that this opinion should not be published and is not precedent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. 00-40162
Conference Calendar
WINIFORD LOCKHART,
Plaintiff-Appellant,
versus
UNKNOWN LEE, Female Nurse,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. G-97-CV-492
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June 14, 2000
Before JOLLY, DAVIS, and STEWART, Circuit Judges.
PER CURIAM:*
Winiford Lockhart, Texas prisoner #589910, appeals from the
dismissal of his civil rights action as frivolous. Lockhart
contends that a prison nurse was deliberately indifferent to his
serious medical needs when she gave him an overdose of a
prescribed medication.
Lockhart’s allegations indicate that the nurse was
negligent, not that the nurse was deliberately indifferent.
Varnado v. Lynaugh, 920 F.2d 320, 321 (5th Cir. 1991). The
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No. 00-40162
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dismissal of Lockhart’s action as frivolous was not an abuse of
discretion. Berry v. Brady, 192 F.3d 504, 507 (5th Cir. 1999).
AFFIRMED.
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