IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-41345
Conference Calendar
ELIAZAR R. LEAL, SR.,
Plaintiff-Appellant,
versus
ROCHELLE MCKINNEY; TEXAS DEPARTMENT OF CRIMINAL
JUSTICE HEALTH DIRECTOR; TEXAS DEPARTMENT OF CRIMINAL
JUSTICE DENTAL DEPARTMENT, Personnel in Texas Department
of Criminal Justice Dental Department; TEXAS DEPARTMENT
OF CRIMINAL JUSTICE ADMINISTRATOR,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 5:97-CV-181
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June 17, 1998
Before DAVIS, PARKER, and DENNIS, Circuit Judges.
PER CURIAM:*
Eliazar Leal, Sr., Texas prisoner # 766199, appeals the
district court’s dismissal of his complaint as frivolous. He
argues that his complaint, which alleged that the defendants
refused to provide him with a permanent filling for his tooth
until he had been in the prison system for a year and had passed
*
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that this opinion should not be published and is not precedent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. 97-41345
-2-
a plaque test, sufficiently asserted an Eighth Amendment
violation. Leal stated in his complaint that he twice received
dental treatment and sealant for his tooth. His complaint failed
to allege that the defendants acted with deliberate indifference
to a substantial risk of serious harm, and therefore the district
court did not abuse its discretion in dismissing Leal’s complaint
as frivolous. See Hare v. City of Corinth, Miss., 74 F.3d 633,
648 (5th Cir. 1996)(en banc); Denton v. Hernandez, 504 U.S. 25,
31-34 (1992); see also 28 U.S.C. § 1915(e)(2)(B)(I).
AFFIRMED.