-
United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 24, 2003 Charles R. Fulbruge III Clerk No. 03-30326 Conference Calendar RICKY JOSEPH ALEX, Plaintiff-Appellant, versus RICHARD L. STALDER; MICHAEL LONNIE VENETIA; LOUIS CHRISTIAN; LONNIE NAIL, Defendants-Appellees. -------------------- Appeal from the United States District Court for the Western District of Louisiana USDC No. 02-CV-2120 -------------------- Before DeMOSS, DENNIS, and PRADO, Circuit Judges. PER CURIAM:* Ricky Joseph Alex, Louisiana prisoner # 98130, appeals the district court’s dismissal as frivolous of his
42 U.S.C. § 1983lawsuit against various employees of the Wade Correctional Center. He asserts that the district court abused its discretion in determining that the defendants had not been deliberately indifferent to his safety. Alex’s claim that a snake had entered his cell without biting him and that prison officials had killed * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 03-30326 -2- the snake does not establish that the defendants deprived him “of the minimal civilized measure of life’s necessities.” See Palmer v. Johnson,
193 F.3d 346, 352 (5th Cir. 1999)(citation and internal quotation marks omitted). Alex is not entitled to damages for emotional distress because he did not allege a prior physical injury. See Siglar v. Hightower,
112 F.3d 191, 193-94 (5th Cir. 1997). Alex’s assertions that he has been bitten by ants and spiders, for which he admitted that he received medical treatment, do not establish deliberate indifference. See
id.Alex has not made a claim establishing that the defendants failed to protect him from future harm because he has not established that such future injury is “sure or very likely.” See Helling v. McKinney,
509 U.S. 25, 33 (1993). Alex has not established that the district court abused its discretion in dismissing his civil rights action as frivolous. See Siglar,
112 F.3d at 193. Consequently, the judgment of the district court is AFFIRMED.
Document Info
Docket Number: 03-30326
Filed Date: 6/24/2003
Precedential Status: Non-Precedential
Modified Date: 4/17/2021