Sheppard v. Roberts, et al

Filing 920070628

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________ No. 06-61124 Summary Calendar _____________________ BILLY SHEPPARD, Plaintiff - Appellant, v. MELVIN ROBERTS, Transportation Officer; CHRISTOPHER B EPPS, COMMISSIONER, MISSISSIPPI DEPARTMENT OF CORRECTIONS, Defendants-Appellees. __________________________________________________ Appeal from the United States District Court for the Southern District of Mississippi, Jackson USDC No. 5:06-CV-130 __________________________________________________ Before REAVLEY, GARZA, and BENAVIDES, Circuit Judges. PER CURIAM:* Plaintiff-Appellant Billy Sheppard ("Sheppard") appeals the district court's dismissal of his § 1983 action concerning injuries incurred when a prison vehicle carrying Sheppard was involved in an accident. We affirm. The district court sua sponte dismissed Sheppard's suit for failure to exhaust administrative remedies under the Prison Litigation Reform Act., 42 U.S.C. § 1997e(a). He has since fulfilled the administrative remedy review but the district court's decision must be affirmed June 28, 2007 Charles R. Fulbruge III Clerk

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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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on other grounds. See Sojourner T v. Edwards, 974 F.2d 27, 30 (5th Cir. 1992). In this case, Sheppard alleges, at most, negligence on the part of the vehicle driver and the Commissioner for hiring the driver. "[T]he Due Process Clause of the Fourteenth Amendment is simply not implicated by a negligent act of an official causing unintended loss of or injury to life, liberty, or property." Daniels v. Williams, 474 U.S. 327, 328, 106 S. Ct. 662, 663 (1986). Thus, Sheppard has not stated a claim for a constitutional violation under § 1983. We affirm the dismissal with prejudice. AFFIRMED.

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