IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-30192
Summary Calendar
LEWIS BURTON ROBERTS,
Plaintiff-Appellant,
versus
LOUISIANA DEPARTMENT OF CORRECTIONS,
ET AL,
Defendants-Appellees.
- - - - - - - - - -
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 97-CV-203
- - - - - - - - - -
November 20, 1998
Before DAVIS, DUHE’, and PARKER, Circuit Judges.
PER CURIAM:*
Lewis Burton Roberts, prisoner # 92317, appeals the summary
judgment dismissing of his civil rights action filed pursuant to
42 U.S.C. § 1983. Lewis has failed to demonstrate deliberate
indifference to his serious medical needs with regard to his
claims that available medication was substituted for unavailable
medication, half band-aids were used in place of full band-aids,
the defendants failed to give his crutches, he received only two
antibiotics in two days, he was unable to obtain relief through
*
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that this opinion should not be published and is not precedent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. 98-30192
-2-
the prison’s administrative remedy procedures, and a special
brace was lost and never replaced. See Johnson v. Treen, 759
F.2d 1236, 1237 (5th Cir. 1985). At most, Roberts has shown
negligence on the part of defendants. As such, his claims are
not actionable under § 1983. See Farmer v. Brennan, 511 U.S.
825, 838 (1994).
This appeal is without arguable merit and thus frivolous.
It is DISMISSED. See Howard v. King, 707 F.2d 215, 219-20 (5th
Cir. 1983); 5th Cir. R. 42.2.
Additionally, Roberts is warned that future frivolous
appeals will invite the imposition of sanctions. Roberts should
review any pending appeals to ensure that they do not raise
frivolous arguments.
APPEAL DISMISSED; SANCTION WARNING ISSUED.