United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 21, 2003
Charles R. Fulbruge III
Clerk
No. 03-40715
Conference Calendar
ROBERT TAYLOR,
Plaintiff-Appellant,
versus
UTMB GALVESTON TEXAS; ENI IKEDINOBI, DR.,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. G-00-CV-548
--------------------
Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges.
PER CURIAM:*
Robert Taylor, Texas prisoner # 781985, appeals the district
court’s dismissal of his pro se, in forma pauperis (“IFP”) 42
U.S.C. § 1983 complaint, which alleged a violation of his Eighth
Amendment rights in connection with the medical treatment he
received following a laceration to his wrist while working in the
prison laundry. The district court dismissed the complaint as
frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).
*
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that this opinion should not be published and is not precedent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. 03-40715
-2-
The district court did not abuse its discretion in
dismissing the complaint. Taylor’s allegations amounted to
claims for negligence or medical malpractice, which are not
cognizable under 42 U.S.C. § 1983. See Estelle v. Gamble, 429
U.S. 97, 106 (1976); Varnado v. Lynaugh, 920 F.2d 320, 321 (5th
Cir. 1991). Accordingly, the judgment of the district court is
AFFIRMED.
The district court’s dismissal as frivolous counts as one
strike for purposes of 28 U.S.C. § 1915(g). See 28 U.S.C.
§ 1915(g); see Adepegba v. Hammons, 103 F.3d 383, 387-88 (5th
Cir. 1996). Taylor is CAUTIONED that if he accumulates three
strikes he may not proceed IFP 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).
AFFIRMED, SANCTION WARNING ISSUED.