United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 20, 2004
Charles R. Fulbruge III
Clerk
No. 03-41628
Conference Calendar
ANTHONY LEON SUMMERS,
Plaintiff-Appellant,
versus
CHUCK BISCOE, Warden; BURNS, Warden; MIDER, Captain;
STRUNK, Doctor; MAGRAM, Major,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. G-03-CV-493
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Before JOLLY, JONES, and SMITH, Circuit Judges.
PER CURIAM:*
Anthony Leon Summers, Texas prisoner # 1130913, appeals the
district court’s dismissal of his 42 U.S.C. § 1983 complaint for
want of prosecution due to his failure to timely comply with the
court’s initial partial filing fee order. For the first time on
appeal, Summers alleges that he attempted to comply with the
district court’s order but was unable to do so because prison
officials did not timely respond to his request for assistance.
*
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that this opinion should not be published and is not precedent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. 03-41628
-2-
This court will not consider factual allegations raised for
the first time on appeal. See Varnado v. Lynaugh, 920 F.2d 320,
321 (5th Cir. 1991). Accordingly, the judgment is AFFIRMED.
All outstanding motions are DENIED.