Vasquez v. Brown

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-40700 Conference Calendar RAFAEL VASQUEZ, Plaintiff-Appellant, versus TOMMY BROWN, Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:96-CV-694 - - - - - - - - - - February 12, 1998 Before SMITH, EMILIO M. GARZA, and DeMOSS, Circuit Judges. PER CURIAM:* Rafael Vasquez, Texas prisoner #582839, appeals from the district court’s dismissal of his civil rights complaint as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). Vasquez contends that the defendant-guard was deliberately indifferent to his safety needs, in violation of the Eighth Amendment. We have reviewed the record and Vasquez’s brief, and we AFFIRM the district court’s dismissal for essentially the same reasons * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. -2- adopted by the district court. See Vasquez v. Brown, No. 1:96cv694 (E.D. Tex. May 19, 1996).