Howe v. Polunsky Unit

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit

FILED
September 30, 2009
No. 08-41341
Summary Calendar Charles R. Fulbruge III
Clerk

PAUL K HOWE

Plaintiff-Appellant

v.

POLUNSKY UNIT

Defendant-Appellee

Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 9:08-CV-142

Before BENAVIDES, PRADO, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Paul K. Howe, Texas prisoner # 1473851, appeals the dismissal as
frivolous of his civil rights complaint pursuant to 28 U.S.C. § 1915A(b)(1). He
argues that the district court abused its discretion in dismissing his complaint
on the basis that Howe named the Polunsky Unit as the sole defendant.
A pro se prisoner’s failure to name any legal entity as a defendant does not
warrant dismissal of the complaint when it is clear from his complaint that there

*
Pursuant to 5 TH C IR. 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should not be published and is not precedent except under the limited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 5 TH C IR. R. 47.5.4.
 No. 08-41341

is a potential ground for relief. Gallegos v. Louisiana Code of Criminal
Procedures Art. 658, 858 F.2d 1091, 1092 (5th Cir. 1988). Howe’s complaint
alleges Eighth Amendment violations concerning deliberate indifference to his
serious medical needs and inhumane conditions of confinement, which are
potential grounds for relief. See Harper v. Showers, 174 F.3d 716, 719 (5th Cir.
1999). Consequently, the judgment is vacated and the case remanded to the
district court for proceedings not inconsistent with Gallegos.
VACATED AND REMANDED.

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