Carey Faust v. Bill Massee , 222 F. App'x 950 ( 2007 )

[DO NOT PUBLISH
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
April 30, 2007
No. 05-14930 THOMAS K. KAHN
CLERK
D. C. Docket No. 04-00410 CV-WDO-5
CAREY FAUST,
Plaintiff-Appellant,
versus
BILL MASSEE,
J. PERRY, et al,
Defendants-Appellees.
Appeal from the United States District Court
for the Middle District of Georgia
(April 30, 2007)
Before DUBINA and BLACK, Circuit Judges, and LIMBAUGH,* District Judge.
PER CURIAM:
____________________
*Honorable Stephen N. Limbaugh, United States District Judge for the Eastern District of
Missouri, sitting by designation.
This is an appeal from the district court’s grant of summary judgment in
Carey Faust’s pro se civil rights action brought under 42 U.S.C. § 1983, alleging
violations of the Eighth Amendment and the American with Disabilities Act
(“ADA”), 42 U.S.C. § 12101, et seq.
The issues presented on appeal are (1) whether the district court erred in
granting summary judgment on Faust’s claim of deliberate indifference to his
medical needs; and (2) whether the district court erred in granting summary
judgment on Faust’s claim that his rights under the ADA were violated.
We review the district court’s grant of summary judgment de novo, applying
the same legal standards as the district court. McCormick v. City of Fort
Lauderdale, 333 F.3d 1234, 1242-43 (11th Cir. 2003). Summary judgment is
appropriate if the evidence establishes “no genuine issue as to any material fact
and that the moving party is entitled to judgment as a matter of law.” Fed. R. Civ.
P. 56(c); McCormick, 333 F.3d at 1243. The evidence, and all reasonable
inferences, must be viewed in the light most favorable to the non-movant, here
Faust. McCormick, 333 F.3d at 1243.
After reviewing the record, reading the parties’ briefs and having the benefit
of oral argument, we conclude that there is no merit to any of the arguments Faust
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makes in this appeal. Accordingly, we affirm the district court’s grant of summary
judgment on all of Faust’s claims.
AFFIRMED.
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