Lentworth v. Samaniego

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 95-50780 Summary Calendar __________________

JOHN LENTWORTH,

Plaintiff-Appellant,

versus

LEO SAMANIEGO, Sheriff of El Paso County, Texas,

Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. EP-94-CV-38 - - - - - - - - - - May 20, 1996

Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

This is an appeal from the district court's order granting

summary judgment in favor of the defendant in John Lentworth's

civil rights complaint brought pursuant to 42 U.S.C. § 1983.

Lentworth contends that the district court erred in granting

summary judgment because he supported his claim of jail

overcrowding with sufficient evidence to establish genuine issues

of material fact. Because he failed to brief them on appeal,

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 95-50780 -2-

Lentworth has abandoned any claims of liability against Samaniego

premised on inadequate medical treatment and inadequate access to

the jail's law library. See Yohey v. Collins, 985 F.2d 222, 225

(5th Cir. 1993).

We have reviewed the record and the briefs of the parties

and AFFIRM the district court's judgment for essentially the same

reasons set forth by the district court. Lentworth v. Samaniego,

No. EP-94-CV-38 (W.D. Tex. Aug. 4 and Sept. 22, 1995).