Alexander v. Cook, 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this opinion should not be published and is not precedent except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
April 24, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-10051
Summary Calendar
ROBERT MITCHELL ALEXANDER,
Plaintiff-Appellant,
versus
CARY J. COOK, Assistant Warden; TERRY T. SLITTER,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
(1:02-CV-72-C)
--------------------
Before DAVIS, WIENER, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Plaintiff-Appellant Robert Mitchell Alexander, Texas prisoner
No. 830440, appeals the district court’s dismissal as frivolous of
his civil rights complaint. Alexander’s district court complaint
challenged the constitutionality of a prison disciplinary
conviction, asserting that the defendants violated his right to
freedom of speech and subjected him to cruel and unusual punishment
by disciplining him for exercising his First Amendment rights.

-- 1 of 2 --

2
On appeal, Alexander has abandoned his argument that his
disciplinary conviction is unconstitutional. Yohey v. Collins, 985
F.2d 222, 224-25 (5th Cir. 1993)(28 U.S.C. § 2254 case); FED. R.
APP. P. 28(a)(9)(A). His assertion of a First Amendment violation
is meritless. See Jones v. North Carolina Prisoners’ Labor Union,
Inc., 433 U.S. 119, 125 (1977); Hernandez v. Estelle, 788 F.2d
1154, 1158 (5th Cir. 1986). For the first time on appeal,
Alexander argues that a delay in his receipt of medical treatment
violated the Eighth Amendment. As Alexander did not raise this
claim in the district court, we review it for plain error, and we
perceive none. See Kinash v. Callahan, 129 F.3d 736, 739 n.10 (5th
Cir. 1997).
AFFIRMED.

-- 2 of 2 --