Gresham v. Hawk

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-10597 Summary Calendar ROGER EUGENE GRESHAM Plaintiff - Appellant v. KATHLEEN M. HAWK, Director of Bureau of Prisons in her individual and official capacity; BOB GUZIK, Warden, FMC Forth Worth in his individual and official capacity; A. DAVIS, Associate Warden in his individual and official capacity; V. HAUSLER, Food Administrator in his individual and official capacity; J. JONES, Assistant Food Administrator in his individual and official capacity; D. CASHEN, Assistant Food Administrator in his individual and official capacity Defendants - Appellees -------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 4:99-CV-577-L -------------------- December 4, 2000 Before KING, Chief Judge, WIENER and DENNIS, Circuit Judges. PER CURIAM:* Roger Eugene Gresham, federal prisoner number 29072-077, appeals from the dismissal of his civil rights complaint as frivolous pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A. Finding no error, we affirm. * Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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. 00-10597 -2- Gresham, who proceeded pro se and in forma pauperis in the district court, argues that he was not required to specifically plead a manifestation of physical injury in his complaint alleging that the kitchen at FMC Fort Worth was infested with vermin and operated under unsanitary conditions. It is clear, however, that the Prison Litigation Reform Act requires a prisoner to make a showing of a physical injury to support a claim for emotional or mental damages. See 42 U.S.C. § 1997e(e); Harper v. Showers, 174 F.3d 716, 718 (5th Cir. 1999). Gresham also argues that he may seek declaratory relief prior to actual harm occurring. Gresham is no longer incarcerated at FMC Forth Worth. His transfer from that facility renders moot any claims for declaratory or injunctive relief. See Edwards v. Johnson, 209 F.3d 772, 776 (5th Cir. 2000); Pembroke v. Wood County, Texas, 981 F.2d 225, 228 (5th Cir. 1993). Finally, Gresham asserts that his complaint should not have been dismissed with prejudice, rather than without prejudice, without giving him an opportunity to file an amended complaint. We find that the district court did not abuse its discretion by dismissing the complaint with prejudice. See Eason v. Thaler, 14 F.3d 8, 9 n.5 (5th Cir. 1994). AFFIRMED.