Jonica Phillips v. Tim Keith, et al


UNPUBLISHED OPINION FILED. [16-30974 Affirmed ] Judge: JES , Judge: FPB , Judge: JEG Mandate pull date is 09/12/2017 [16-30974]

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Case: 16-30974 Document: 00514125957 Page: 1 Date Filed: 08/22/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-30974 Summary Calendar United States Court of Appeals Fif h Circuit FILED August 22, 2017 Lyle W. Cayce Clerk JONICA HAAMID PHILLIPS, Plaintiff-Appellant v. TIM KEITH; VIRGIL LUCAS; TOMMY GLOVER; PAMELA HORN; CORRECTIONS CORPORATION OF AMERICA; WINNFIELD CORRECTIONAL INSTITUTION, Defendants-Appellees Appeal from the United States District Court for the Western District of Louisiana USDC No. 1:13-CV-2516 Before SMITH, BENAVIDES, and GRAVES, Circuit Judges. PER CURIAM: * Jonica Haamid Phillips, Louisiana prisoner # 429550, appeals the summary judgment dismissal of his 42 U.S.C. § 1983 complaint against Pamela Horn. He alleged that Horn failed to protect him from an assault by another prisoner. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 16-30974 Document: 00514125957 Page: 2 Date Filed: 08/22/2017 No. 16-30974 The district court did not err in granting Horn’s motion for summary judgment. See Hyatt v. Thomas, 843 F.3d 172, 176 (5th Cir. 2016); FED. R. CIV. P. 56(a). The summary judgment record did not demonstrate a strong likelihood that Phillips was in danger of physical harm and was therefore insufficient as a matter of law to support a finding that Horn was deliberately indifferent. See Carnaby v. City of Houston, 636 F.3d 183, 187 (5th Cir. 2011); Grissom v. Patterson, Nos. 91-7137, 92-7244, 1993 WL 560256, 3 (5th Cir. Dec. 27, 1993) (unpublished but precedential under 5TH CIR. R. 47.5.3). The judgment of the district court is AFFIRMED. 2

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