IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-60341
Conference Calendar
RANDI MOHR,
Plaintiff-Appellant,
versus
JOHN BEARRY, DR.; WALTER BOOKER;
JAMES V. ANDERSON; JOHN DIAL, DR.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:99-CV-657-BN
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June 18, 2001
Before WIENER, DeMOSS, and DENNIS, Circuit Judges.
PER CURIAM:*
Randi Mohr, Mississippi prisoner #08111, appeals the
dismissal of his 42 U.S.C. § 1983 complaint for failure to state
a claim upon which relief may be granted. He contends that the
defendants failed to provide appropriate medical care following
his slip and fall accident.
Accepting Mohr’s allegations in the light most favorable to
him, he has failed to state a claim for relief. The heart of his
*
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that this opinion should not be published and is not precedent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. 00-60341
-2-
complaint is simply that he did not receive the treatment he
believes he was entitled to receive. However, “[d]isagreement
with medical treatment does not state a claim for Eighth
Amendment indifference to medical needs.” Norton v. Dimazana,
122 F.3d 286, 292 (5th Cir, 1997). Whatever deficiencies there
may have been in Mohr’s treatment, if any, certainly do not rise
to the level of establishing deliberate indifference on the part
of the defendants. Accordingly, the magistrate judge did not err
in dismissing his complaint for failure to state a claim.
Mohr’s appeal is without merit and therefore frivolous. See
Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). Because
the appeal is frivolous, it is DISMISSED. See 5TH CIR. R. 42.2.
The magistrate judges’s dismissal of the present case and our
dismissal of this appeal count as two strikes against Mohr for
purposes of 28 U.S.C. § 1915(g). We caution Mohr that once he
accumulates three strikes, he may not proceed in forma pauperis
in any civil action or appeal filed while he is incarcerated or
detained in any facility unless he is under imminent danger of
serious physical injury. See 28 U.S.C. § 1915(g).
APPEAL DISMISSED; SANCTION WARNING ISSUED.