Youngblood v. Rodriguez ( 1999 )


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  •                                  IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 98-10727
    Summary Calendar
    DENNY YOUNGBLOOD,
    Plaintiff-Appellant,
    versus
    DANIEL RODRIGUEZ ET AL.,
    Defendants,
    DANIEL RODRIGUEZ; TERI EASON,
    Defendants-Appellees.
    __________________________________________
    Appeal from the United States District Court
    for the Northern District of Texas
    USDC No. 7:97-CV-184-BD
    __________________________________________
    August 26, 1999
    Before KING, Chief Judge, EMILIO M. GARZA, and STEWART, Circuit Judges.
    PER CURIAM:*
    Denny Youngblood, Texas inmate # 628791, proceeding pro se and in forma pauperis (IFP),
    appeals the summary-judgment dismissal of his civil rights complaint filed pursuant to 42 U.S.C. §
    1983. Youngblood’s motion in opposition to appellees’ motion to file an out-of-time brief, which
    is construed as a motion to strike appellees’ brief, is DENIED.
    Youngblood alleged in the district court that he became ill after he ingested sandwiches that
    had been contaminated. Youngblood also alleged that the defendants delayed in providing him
    medical treatment.
    *
    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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the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.
    Youngblood contends that the magistrate judge erred in granting summary judgment.
    Youngblood reiterates that he became ill because he was given contaminated food and that the
    defendants denied him prompt medical attention for his condition.
    Youngblood did not provide competent summary-judgment evidence to support his
    allegations that he was injured as a result of ingesting the contaminated food and that the defendants
    were deliberately indifferent to his medical needs.   See Little v. Liquid Air Corp., 
    37 F.3d 1069
    ,
    1075 (5th Cir. 1994) (en banc); see Mendoza v. Lynaugh, 
    989 F.2d 191
    , 195 (5th Cir. 1993).
    Accordingly, the judgment dismissing Youngblood’s civil rights complaint is AFFIRMED.
    AFFIRMED; MOTION DENIED.
    2
    2
    

Document Info

Docket Number: 98-10727

Filed Date: 8/27/1999

Precedential Status: Non-Precedential

Modified Date: 4/18/2021