Stewart v. Cain

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 95-30996 Conference Calendar __________________ CLARENCE STEWART, JR., Plaintiff-Appellant, versus BURL CAIN, Warden; RICHARD L. STALDER; MARY COCKERHAM, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Middle District of Louisiana USDC No. 95-CV-488 - - - - - - - - - - March 1, 1996 Before GARWOOD, JONES, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* Clarence Stewart, Jr., appeals from the district court's dismissal of his civil rights complaint. Stewart argues that the defendants have refused to acknowledge that he was previously awarded credit for time served. We have reviewed the record and the appellant's brief, and we affirm the judgment for the reasons stated by the district court. Stewart also argues that after prison officials ignored his request for a cell change, he was raped by his cellmate. This * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 95-30996 -2- court need not address issues not considered by the district court. This issue was raised for the first time in the notice of appeal and was not, therefore, presented to or considered by the district court. We will not consider it for the first time on appeal. AFFIRMED.