Horton v. Bogan

• Court: Court of Appeals for the Fifth Circuit
• Decided: September 13, 2004
• Docket: 04-10145
• Status: Unpublished

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT September 13, 2004

Charles R. Fulbruge III Clerk No. 04-10145 Summary Calendar

JANIS L. HORTON,

Plaintiff-Appellant,

versus

JOSEPH B. BOGAN, Warden, Federal Medical Center-Carswell, in his individual capacity; JOHN T. RATHMAN, Associate Warden, Federal Medical Center-Carswell, in his individual capacity; LOREN THACKERA, Facilities Manager, Federal Medical Center-Carswell, in his individual capacity; TERRY DAVIS, Facilities Supervisor, Federal Medical Center-Carswell, in his individual capacity; C. STRATMAN, Clinical Supervisor, Federal Medical Center-Carswell, in his individual capacity; RANDY VASLIK, Safety Manager, Federal Medical Center-Carswell, in his individual capacity,

Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 4:02-CV-816-A --------------------

Before DAVIS, SMITH, and DENNIS, Circuit Judges

PER CURIAM:*

Janis L. Horton, federal prisoner # 05959-031, appeals the

district court’s dismissal of her civil rights action brought

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 04-10145 -2-

against federal employees pursuant to Bivens v. Six Unknown Named

Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971) for

failure to effect timely service of the defendants under FED. R.

CIV. P. 4(m). Horton has not established that the district court

abused its discretion in dismissing this lawsuit. See Systems

Signs Supplies v. United State Dep’t of Justice, 903 F.2d 1011,

1013 (5th Cir. 1990). Consequently, the judgment of the district

court is AFFIRMED.