Black v. Wackenhut , 156 F. App'x 722 ( 2005 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 13, 2005
Charles R. Fulbruge III
Clerk
No. 05-60275
Summary Calendar
EDDIE BLACK,
Plaintiff-Appellant,
versus
WACKENHUT; W.M. WILLIAMS, Warden;
DR. VIRGINIA VITTOR; MELANIE
GILLILAND, Head Nurse; GEORGE
SNYDER, Warden,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 3:03-CV-157
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Before SMITH, GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Eddie Black has filed an application for leave to proceed in
forma pauperis (IFP) on appeal following a summary judgment in
favor of Dr. Virginia Vittor, which resulted in the dismissal of
his 42 U.S.C. § 1983 lawsuit. By moving for leave to proceed
IFP, Black is challenging the district court’s certification that
IFP should not be granted on appeal because his appeal is not
*
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this opinion should not be published and is not precedent except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.
No. 05-60275
-2-
taken in good faith. See Baugh v. Taylor, 117 F.3d 197, 202 (5th
Cir. 1997).
Black contends that Vittor changed his medication and the
dosage without first advising him of the alteration. He has not
established that Vittor’s actions evinced deliberate indifference
to his serious medical needs. See Johnson v. Treen, 759 F.2d
1236, 1238 (5th Cir. 1985); see also Varnado v. Lynaugh, 920 F.2d
320, 321 (5th Cir. 1991). Black also contends that the district
court erred in not ordering the defendants to answer his
interrogatories. He has not established that the district court
abused its discretion in denying such discovery after the
magistrate judge had issued his report and recommendation.
See Moore v. Willis Indep. School Dist., 233 F.3d 871, 876 (5th
Cir. 2000).
Black’s appeal is thus without arguable merit and is
frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.
1983). Accordingly, we uphold the district court’s order
certifying that the appeal is not taken in good faith and denying
Black IFP status on appeal, we deny the motion for leave to
proceed IFP, and we DISMISS Black’s appeal as frivolous. See
Baugh, 117 F.3d at 202 n.24; 5TH CIR. R. 42.2.
APPEAL DISMISSED.