United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT January 30, 2006
Charles R. Fulbruge III
No. 05-30477 Clerk
Summary Calendar
JIM F. BLACKWELL,
Plaintiff-Appellant,
versus
RAMA KAKANI,
Defendant-Appellee.
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Appeal from the United States District Court
for the Western District of Louisiana
No. 5:03-CV-2038
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Before SMITH, GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Jim Blackwell appeals a summary judgment in his suit filed un-
der Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics,
403 U.S. 388 (1971). Blackwell alleges that Rama Kakani, a doctor
at the Overton Brooks Veterans Administration (“VA”) Medical
Center, discriminated against him by discontinuing prescription
medications on the basis of Blackwell’s age and disability.
*
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should not be published and is not precedent except under the limited circum-
stances set forth in 5TH CIR. R. 47.5.4.
No. 05-30477
-2-
We review a summary judgment de novo. Guillory v. Domtar
Indus., Inc., 95 F.3d 1320, 1326 (5th Cir. 1996). Summary judgment
is appropriate where, considering all the allegations in the plead-
ings, depositions, admissions, answers to interrogatories, and af-
fidavits, and drawing inferences in the light most favorable to the
nonmoving party, there is no genuine issue of material fact and the
moving party is entitled to judgment as a matter of law. FED. R.
CIV. P. 56(c); Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th
Cir. 1994)(en banc).
After reviewing the briefs and the record, including Black-
well’s evidence submitted in opposition to summary judgment, we
conclude that the district court did not err. The evidence that
Blackwell cites does not suffice to raise a genuine issue of mate-
rial fact. See Little, 37 F.3d at 1075. We also affirm the sanc-
tion precluding Blackwell from filing further lawsuits unless he
first pays the filing fee. See In re McDonald, 489 U.S. 180
(1989).
AFFIRMED.