Smith v. Pinchback

Filing 920070613

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 13, 2007 Charles R. Fulbruge III Clerk No. 05-41289 Summary Calendar DARNELL R. SMITH, Plaintiff-Appellant, versus DR. ALLAN PINCHBACK, ET AL., Defendants, DR. ALLAN PINCHBACK, Defendant-Appellee. -------------------Appeal from the United States District Court for the Southern District of Texas USDC No. 2:02-CV-548 -------------------Before JOLLY, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM:* Darnell R. Smith, Texas prisoner # 666016, filed the instant 42 U.S.C. § 1983 suit to seek redress for the defendants' alleged deliberate indifference to his serious medical needs. appeals the trial court's dismissal of his suit. Smith

Smith contends

that the court erred by dismissing defendant Kennedy from the suit because she denied his grievance and because she should have known of the dental defendants' refusal to treat him but did 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-41289 -2nothing to help him. Neither of these assertions establishes a See Geiger v. Jowers, 404

viable claim against this defendant.

F.3d 371, 374 (5th Cir. 2005); Stewart v. Murphy, 174 F.3d 530, 536 (5th Cir. 1999). Smith has thus failed to show that the

district court acted erroneously by dismissing this claim. Smith further argues that the trial court erred by dismissing his claims against the remaining defendants. He

maintains that he did not receive proper dental care and that he endured severe pain because the defendants did not promptly treat his serious dental problems. The record evidence supports the

court's conclusions that Smith received extensive dental care and that the defendants did not exhibit deliberate indifference to his serious medical needs. 837 (1994). See Farmer v. Brennan, 511 U.S. 825,

The judgment of the trial court is AFFIRMED.