United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 9, 2003
Charles R. Fulbruge III
Clerk
No. 03-60296
Conference Calendar
HENRY C. PAYTON,
Plaintiff-Appellant,
versus
CHRISTOPHER B. EPPS, Commissioner;
E. L. SPARKMAN, Superintendent; JOHN BEARRY, Dr.,
MSP Medical Director; LARRY HARDY, Legal Claims Adjudicator,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 4:03-CV-126
--------------------
Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Henry C. Payton, Mississippi inmate # 65110, appeals the
dismissal of his civil rights complaint, filed pursuant to 42
U.S.C. § 1983. Payton has filed a Motion for a Preliminary
Injunction and/or in the alternative, for a Temporary Restraining
Order. Payton asks this court to enjoin the Mississippi
Department of Corrections from moving him to another prison unit
in retaliation for his filing the instant lawsuit. Payton’s
*
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that this opinion should not be published and is not precedent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. 03-60296
-2-
motion is DENIED. See Moye v. Clerk, DeKalb County Superior
Court, 474 F.2d 1275, 1275-76 (5th Cir. 1973).
Payton argues that the district court erred when it
dismissed his complaint for failure to state a claim, pursuant to
28 U.S.C. § 1915(e)(2)(B)(ii). Payton’s allegation that prison
officials were negligent for failing to place slip guards and
guard rails in the showers where he is housed fails to state a
claim because a claim for negligence does not establish an Eighth
Amendment violation. See Varnado v. Lynaugh, 920 F.2d 320, 321
(5th Cir. 1991). Payton’s allegation that prison officials
failed to provide adequate medical treatment fails to state a
claim because mere dissatisfaction with medical treatment does
not rise to a constitutional violation. See id. Last, Payton’s
allegation that prison officials failed to comply with
Mississippi state law when they overcharged him for medical
treatment he received fails to state a claim inasmuch as a prison
official’s failure to follow state regulations does not establish
a constitutional violation. See Jackson v. Cain, 864 F.2d 1235,
1251-52 (5th Cir. 1989).
The district court’s dismissal of the present case and this
court’s affirmance of the dismissal count as one strike against
Payton for purposes of 28 U.S.C. § 1915(g). See Adepegba v.
Hammons, 103 F.3d 383, 387-88 (5th Cir. 1996). Payton is WARNED
that if he accumulates three strikes he will be barred
from proceeding in forma pauperis in any civil action or appeal
No. 03-60296
-3-
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; SANCTIONS WARNING ISSUED.