IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-10619
Conference Calendar
ABELARDO D. LOPEZ,
Plaintiff-Appellant,
versus
GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, INSTITUTIONAL DIVISION; JOHN WEATHERLY, Supervisor,
Boot Factory Clements Unit, Texas Department of Criminal
Justice,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:97-CV-194
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April 11, 2000
Before WIENER, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Abelardo D. Lopez, Texas prisoner # 714768, appeals from the
dismissal of his civil-rights complaint, filed pursuant to 42
U.S.C. § 1983, as frivolous and for failure to state a claim
under 28 U.S.C. § 1915(e)(2)(B)(i), (ii). A dismissal of a
complaint as frivolous under § 1915(e)(2)(B)(i) is reviewed for
*
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that this opinion should not be published and is not precedent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. 99-10619
-2-
an abuse of discretion, and a dismissal for failure to state a
claim under § 1915(e)(2)(B)(ii) is reviewed de novo. See Ruiz v.
United States, 160 F.3d 273, 275 (5th Cir. 1998).
Lopez’s allegations fail to show that the defendants acted
with deliberate indifference to a substantial risk of serious
harm. See Farmer v. Brennan, 511 U.S. 825, 838 (1994). His
claim was therefore properly dismissed as frivolous and for
failure to state a claim upon which relief could be granted.
This appeal is without arguable merit and is thus frivolous. See
Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). The appeal
is DISMISSED. See 5TH CIR. R. 42.2.