Alexander v. Woodley

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 95-31205 Summary Calendar ALFRED JOSEPH ALEXANDER, Plaintiff-Appellant, versus JOSEPH S. WOODLEY; SANDRA P. PAYNE; GORDON E. ROUNTREE; BOSSIER RADIOLOGY CENTER; RICHARD D. HANDLEY, M.D., Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Western District of Louisiana USDC No. 95-CV-113 - - - - - - - - - - May 29, 1996 Before HIGGINBOTHAM, DUHÉ and EMILIO M. GARZA, Circuit Judges. PER CURIAM:1 Alfred Joseph Alexander appeals from the district court’s dismissal of his civil rights action for failure to state a claim pursuant to Fed. R. Civ. 12(b)(6). Alexander’s challenge to the district court’s imposition of sanction and its refusal to grant a hearing on his request for injunctive relief is not properly before the court as Alexander previously appealed these issues. 1 Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. Alexander’s challenge to the magistrate judge’s order setting aside the entry of a default judgment was not appealed to the district court and therefore cannot be reviewed by this court. Colburn v. Bunge Towing, Inc., 883 F.2d 372, 379 (5th Cir. 1989). Alexander contends that the district court erred in dismissing his action against appellees. We have reviewed the record and Alexander’s briefs and AFFIRM the district court’s dismissal for essentially the same reasons adopted by the district court. Alexander v. Woodley, 95-CV-113 (W.D. La. Nov. 15, 1995). AFFIRMED.