IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-60090
Summary Calendar
LARRY ROCHELL SMITH,
Plaintiff-Appellant,
versus
DON GRANT, Warden of Delta
Correctional Facility; OHAMZAH
BRIMAH, Doctor and Psychiatrist
at Delta Correctional Facility,
Defendants-Appellees.
- - - - - - - - - -
Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 4:99-CV-272-D-D
- - - - - - - - - -
December 14, 2001
Before DAVIS, BENAVIDES and STEWART, Circuit Judges.
PER CURIAM:*
Larry Rochell Smith, Mississippi prisoner # 89754, appeals
from the district court’s order granting summary judgment in
favor of the defendants in Smith’s civil rights complaint brought
pursuant to 42 U.S.C. § 1983. Smith argues that the appellees
were deliberately indifferent to his serious medical needs
because: 1) the Delta Correctional Facility (DCF) is not a
medically adequate or proper facility in which to incarcerate him
because of his mental condition; and 2) the treatment and
*
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that this opinion should not be published and is not precedent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. 01-60090
-2-
medications he received at DCF were inadequate to fully address
his mental condition.
We have reviewed the record and the briefs of the parties,
and we conclude that the district court committed no reversible
error. Smith’s allegations do not meet his burden of producing
evidence showing the existence of a genuine issue for trial
regarding deliberate indifference because they amount to no more
than disagreement with his medical treatment, a claim not
actionable under 42 U.S.C. § 1983. See Varnado v. Lynaugh, 920
F.2d 320, 321 (5th Cir. 1991). Accordingly, the district court’s
judgment is AFFIRMED.