De La Vega v. Prior , 258 F. App'x 639 ( 2007 )


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  •           IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT United States Court of Appeals
    Fifth Circuit
    FILED
    December 11, 2007
    No. 06-10329
    Conference Calendar            Charles R. Fulbruge III
    Clerk
    ALFREDO DE LA VEGA
    Plaintiff-Appellant
    v.
    PATRICIA PRIOR; JAMIE BAKER; YVETTE QUINTANA; NFN COOK; JESUS
    RODRIGUEZ; GLORIA CARRASCO; LARRY KELSAY; LARRY LUCIUS
    Defendants-Appellees
    Appeal from the United States District Court
    for the Northern District of Texas
    USDC No. 2:03-CV-75
    Before REAVLEY, BARKSDALE, and GARZA, Circuit Judges.
    PER CURIAM:*
    Alfredo De La Vega, Texas inmate # 1050601, filed a 42 U.S.C. § 1983
    action claiming that the defendants showed deliberate indifference by failing to
    protect him from his cellmate. De La Vega appeals following a jury verdict in
    favor of the defendants.
    De La Vega argues that the district court erred in refusing to allow him
    to introduce at trial a grievance form he submitted following the attack by his
    *
    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    should not be published and is not precedent except under the limited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. 06-10329
    cellmate.   He contends that defendant Jesus Rodriguez responded to the
    grievance in a way that would tend to impeach his trial testimony.
    A review of the record shows that De La Vega did not make a proffer of
    what the grievance would have shown. Because De La Vega failed to make an
    offer of proof as to the excluded evidence, he cannot show error. See Young v.
    City of New Orleans, 
    751 F.2d 794
    , 797 (5th Cir. 1985); Mills v. Levy, 
    537 F.2d 1331
    , 1333 (5th Cir. 1976); FED. R. EVID. 103(a)(2). Accordingly, the judgment
    of the district court is AFFIRMED.
    2
    

Document Info

Docket Number: 06-10329

Citation Numbers: 258 F. App'x 639

Judges: Barksdale, Garza, Per Curiam, Reavley

Filed Date: 12/11/2007

Precedential Status: Non-Precedential

Modified Date: 8/2/2023