Detrick Harris v. State of Mississippi , 714 F. App'x 451 ( 2018 )


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  •      Case: 14-60277      Document: 00514386185         Page: 1    Date Filed: 03/14/2018
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 14-60277
    Summary Calendar
    United States Court of Appeals
    Fifth Circuit
    FILED
    March 14, 2018
    DETRICK DEWAYNE HARRIS,
    Lyle W. Cayce
    Clerk
    Plaintiff-Appellant
    v.
    HINDS COUNTY; LAUDERDALE COUNTY; SERGEANT          RUFFIN;
    CHRISTOPHER B. EPPS, COMMISSIONER, MISSISSIPPI DEPARTMENT
    OF CORRECTIONS; DEPUTY COMMISSIONER ARCHIE LONGLEY;
    DEPUTY WOMACK; SERGEANT LEWIS; ERNEST SAXTON; THOMAS
    DUPONT,
    Defendants-Appellees
    Appeal from the United States District Court
    for the Southern District of Mississippi
    USDC No. 3:12-CV-883
    Before DAVIS, CLEMENT, and COSTA, Circuit Judges.
    PER CURIAM: *
    Detrick Dewayne Harris, Mississippi prisoner # 39949, appeals the
    district court’s dismissal of his 42 U.S.C. § 1983 complaint as frivolous and for
    failure to state a claim, a decision we review de novo, see Coleman v. Lincoln
    * 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 R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-60277    Document: 00514386185    Page: 2   Date Filed: 03/14/2018
    No. 14-60277
    Par. Det. Ctr., 
    858 F.3d 307
    , 308-09 (5th Cir. 2017). Harris does not discuss
    the dismissal of his claims that he did not receive appropriate and timely
    treatment for his acid reflux, he was illegally arrested in 2007, and false
    evidence was used to convict him. Accordingly, he has abandoned these issues,
    see Brinkmann v. Dallas Cty. Deputy Sheriff Abner, 
    813 F.2d 744
    , 748 (5th Cir.
    1987), and we do not address them, see Yohey v. Collins, 
    985 F.2d 222
    , 224-25
    (5th Cir. 1993).
    The majority of Harris’s brief is devoted to challenging the dismissal of
    his claim that upon his release from the East Mississippi Correctional Facility
    in 2010, he was transferred pursuant to a detainer without notice or a hearing
    and in violation of prison policy to the Hinds County Detention Center so that
    he could stand trial on charges stemming from a 2007 incident. Harris has not
    established that his allegations stated a claim for relief under federal law.
    Violations of prison rules and regulations do not support a claim for relief
    under § 1983. See Hernandez v. Estelle, 
    788 F.2d 1154
    , 1158 (5th Cir. 1986).
    Like he did in the district court, Harris alleges that, while imprisoned,
    he “was shocked down on the floor face down with the ‘glisten component,’” and
    adds, among other things, that he was “shock[ed] by the nuclear reactor . . .
    which punctured holes into [his] tissues causing subcellular tissue[] damages.”
    These allegations are not credible, and, in any event, Harris fails to specify
    which, if any, defendant caused him harm; thus, the claims relying on those
    allegations are frivolous. See Denton v. Hernandez, 
    504 U.S. 25
    , 32-33 (1992).
    Harris also appears to raise new claims regarding the conditions of his
    confinement, including that he had insufficient access to a law library, the
    prison experienced drainage and plumbing problems, and he was denied
    recreation. However, we will not address new claims for relief raised for the
    first time on appeal. Williams v. Ballard, 
    466 F.3d 330
    , 335 (5th Cir. 2006).
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    Case: 14-60277    Document: 00514386185     Page: 3   Date Filed: 03/14/2018
    No. 14-60277
    Finally, Harris appears to question the partiality of the magistrate
    judge, suggesting that he violated the canons of judicial ethics by depriving
    Harris of his right to due process. However, Harris does not allege, much less
    point to any evidence, to support his charge of partiality; the fact that the
    magistrate judge ruled against him is insufficient. See Liteky v. United States,
    
    510 U.S. 540
    , 555 (1994).
    The district court’s judgment is AFFIRMED. Harris’s motion to amend
    his complaint and to supplement the record on appeal is DENIED.             Our
    decision to affirm the district court’s dismissal means that Harris has earned
    one strike under 28 U.S.C. § 1915(g). See Adepegba v. Hammons, 
    103 F.3d 383
    ,
    387-88 (5th Cir. 1996). Harris earned a second strike when the district court
    dismissed as frivolous another of his complaints in June 2016. See Harris v.
    State of Mississippi, 4:16-CV-6 (N.D. Miss., June 1, 2016) (unpublished).
    Harris is hereby WARNED that if he accumulates a third strike, he will not be
    allowed to proceed in forma pauperis in any civil action or appeal unless he is
    under imminent danger of serious physical injury. See § 1915(g).
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