United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 20, 2004
Charles R. Fulbruge III
Clerk
No. 04-30227
Conference Calendar
COYETT DEON JOHNSON,
Plaintiff-Appellant,
versus
TAYLOR, Lieutenant; GRANT, Chaplain;
WILLIAMS, Ms.; UNKNOWN CORRECTIONAL
OFFICERS; CARL CASTERLINE,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 1:03-CV-1561
--------------------
Before JOLLY, JONES, and WIENER, Circuit Judges.
PER CURIAM:*
Coyett Deon Johnson, federal prisoner # 07403-064, appeals
from the district court’s dismissal with prejudice of his civil
rights complaint as frivolous and for failure to state a claim.
See 28 U.S.C. §§ 1915(e)(2)(B)(i),(ii), 1915A(b)(1). Johnson has
failed to brief his claims arising under the First, Fourth,
Fifth, Sixth, and Fourteenth Amendments. Accordingly, these
*
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this opinion should not be published and is not precedent except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. 04-30227
-2-
issues are deemed abandoned on appeal. See Yohey v. Collins, 985
F.2d 222, 224-25 (5th Cir. 1993).
Johnson argues that the district court erred in dismissing
his failure-to-protect and inadequate-medical-care claims arising
under the Eighth Amendment. Johnson’s failure-to-protect
allegations do not establish that the defendants were
deliberately indifferent to an excessive risk to his safety.
See Farmer v. Brennan, 511 U.S. 825, 837 (1994). Similarly,
Johnson’s inadequate-medical-care claims, at best, demonstrate
disagreement with his medical treatment. See Varnado v. Lynaugh,
920 F.2d 320, 321 (5th Cir. 1991).
Johnson’s appeal is without arguable merit and is frivolous.
See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983); 5TH
CIR. R. 42.2. The district court’s dismissal of Johnson’s
complaint as frivolous counts as a “strike” under 28 U.S.C.
§ 1915(g), as does the dismissal of this appeal. See Adepegba v.
Hammons, 103 F.3d 383, 387-88 (5th Cir. 1996). Johnson is
CAUTIONED if he accumulates three “strikes,” he will no longer be
allowed to proceed in forma pauperis 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).
APPEAL DISMISSED AS FRIVOLOUS; SANCTION WARNING ISSUED.
No. 04-30227
-3-