IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-60364
Conference Calendar
GABRIEL MCDOWELL,
Plaintiff-Appellant,
versus
HANCOCK COUNTY MEDICAL UNIVERSITY;
DIRECTOR OF HANCOCK COUNTY MEDICAL UNIVERSITY,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 1:96-CV-104-GR
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October 24, 1996
Before POLITZ, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.
PER CURIAM:*
Gabriel McDowell, Mississippi prisoner # 337862, appeals the
district court's dismissal of his 42 U.S.C. § 1983 civil rights
suit as frivolous pursuant to 28 U.S.C. § 1915(d), now
redesignated as § 1915(e)(2)(B)(i) by § 804 of the Prison
Litigation Reform Act, Pub. L. No. 104-134, 110 Stat. 1321
(1996). McDowell’s allegation that Hancock County Medical
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 96-60364
-2-
University and its director were negligent in hiring medical
personnel who misdiagnosed and mistreated his medical condition
is insufficient to give rise to a § 1983 cause of action. See
Varnado v. Lynaugh, 920 F.2d 320, 321 (5th Cir. 1991). McDowell
does not allege acts by the defendants "sufficiently harmful to
evidence deliberate indifference to serious medical needs." See
Estelle v. Gamble, 429 U.S. 97, 106 (1976). The district court
did not abuse its discretion in dismissing McDowell’s claim as
frivolous because it has no arguable basis in law. See Denton v.
Hernandez, 504 U.S. 25, 31-34 (1992).
McDowell’s appeal is without arguable merit and thus
frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.
1983). Because the appeal is frivolous, it is DISMISSED.
We caution McDowell that any additional frivolous appeals
filed by him will invite the imposition of sanctions. To avoid
sanctions, McDowell is further cautioned to review any pending
appeals to ensure that they do not raise arguments that are
frivolous.
APPEAL DISMISSED; SANCTION WARNING ISSUED.
McDowell v. Hancock Cty Med Univ
Combined Opinion