Thomas v. Lamartinere

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-30785 Summary Calendar DARRELL THOMAS, Plaintiff-Appellant, versus ORVILLE LAMERTINERE, Captain; UNKNOWN HOOKER, Lieutenant; CHARLES WOODS, Major Sergeant; UNKNOWN HAMILTON, Sergeant; UNKNOWN ZWEIG, Doctor; UNKNOWN WILLIAMS, Sergeant; UNKNOWN FOUNTAIN, Sergeant; SHIRLEY WHITTINGTON, Sergeant EMT, Defendants-Appellees. -------------------- Appeal from the United States District Court for the Middle District of Louisiana USDC No. 00-CV-603-B -------------------- January 4, 2002 Before JONES, SMITH, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* Darrell Thomas, Louisiana prisoner #109846, appeals from the order granting summary judgment for some of the defendants in his civil-rights action and dismissing his claims against Dr. Zweig for failing to serve Dr. Zweig. Thomas contends that the defendants used excessive force against him and that Dr. Zweig gave him inadequate medical treatment. He abandons any claims against the defendants in their official capacities. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-30785 -2- Thomas does not contend that the district court erred by dismissing his claim against Dr. Zweig for failing to serve Dr. Zweig. He has abandoned that issue on appeal. In re Municipal Bond Reporting Antitrust Litigation, 672 F.2d 436, 439 n.6 (5th Cir. 1982). The evidence indicated that Thomas suffered only de minimis injury. The district court did not err by granting summary judgment on Thomas’s excessive-force claim. Hudson v. McMillian, 503 U.S. 1, 9-10 (1992). AFFIRMED.