United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 3, 2003
Charles R. Fulbruge III
Clerk
No. 03-50255
Summary Calendar
FERNANDO SPENCER,
Plaintiff-Appellant,
versus
JEFFREY SHOUP, Warden; FNU BARINTES, Mrs.;
FNU MORENO, Mrs.; FNU BOTKINS, Mrs.;
FNU ALVAREZ, Mr.; FNU DURAN, Mr.; GRW CORP.,
Defendants-Appellees.
Appeal from the United States District Court
for the Western District of Texas
(MO-01-CV-133)
Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Fernando Spencer, federal prisoner # 10714-180, appeals, pro
se, the summary judgment dismissing his 42 U.S.C. §1983 claim.
(Spencer’s motion for the appointment of counsel is DENIED.)
Spencer has shown no error in the district court’s
determination that Spencer failed to exhaust available
administrative remedies. See 42 U.S.C. § 1997e(a); see Porter v.
*
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that this opinion should not be published and is not precedent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.
Nussle, 534 U.S. 516, 524 (2002); Wright v. Hollingsworth, 260 F.3d
357, 358 (5th Cir. 2001).
Although required to do so under 42 U.S.C. § 1997e(e), Spencer
failed to identify a specific physical injury. Nor did he present
the issue in his brief; therefore, he has abandoned it for purposes
of appeal. See, e.g., Yohey v. Collins, 985 F.2d 222, 224-25 (5th
Cir. 1993).
MOTION DENIED; AFFIRMED