IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 97-50155
Summary Calendar
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LOUIS SEAN BODWAY,
Plaintiff-Appellant,
versus
CRYSTAL CITY DETENTION CENTER;
JIM GREER, Warden,
Defendants-Appellees.
_________________________________________________________________
Appeal from the United States District Court for the
Western District of Texas
USDC No. DR-96-CV-31
_________________________________________________________________
September 17, 1997
Before JOLLY, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM:*
Louis Sean Bodway, Missouri state prisoner #514692, argues
that the district court abused its discretion in dismissing his 42
U.S.C. § 1983 complaint as frivolous. He argues that the
defendants deprived him of adequate medical care and that the
district court should have allowed him to amend his complaint to
state an actionable claim.
*
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this opinion should not be published and is not precedent except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.
We have reviewed the record, including the transcript of the
Spears1 hearing, the opinion of the district court, and the
appellant’s brief, and affirm the dismissal of the complaint as
frivolous substantially for the reasons given by the district court
in support of its ruling. See Bodway v. Crystal City Detention
Center, No. DR-96-CV-31 (W.D. Tex. Feb. 12, 1997).
Bodway argues that if he had been given the opportunity to
amend his complaint in the district court, he could have stated an
actionable claim. A pro se prisoner is entitled to factually
develop his complaint before a proper § 1915(e) determination can
be made. See Eason v. Thaler, 14 F.3d 8, 9-10 (5th Cir. 1994).
Bodway made no reference to the warden during his testimony given
at the Spears hearing. He did not seek in the district court to
amend his complaint to add any other defendants or to add
additional claims against the warden; nor has he argued on appeal
any specific additional facts that he would allege in an amended
complaint if the case was remanded to the district court for
further development. Bodway has failed to demonstrate that the
district court abused its discretion in dismissing the complaint
against Greer as frivolous. See Farmer v. Brennan, 511 U.S. 825,
837 (1994).
1
Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985).
-2-
Bodway has not argued on appeal that his excessive-force claim
against a detention facility guard was improperly dismissed as
frivolous. Thus, the claim is deemed abandoned on appeal. See
Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748
(5th Cir. 1987).
A F F I R M E D.
-3-