Magoon v. Scott

Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT _______________

No. 96-40227 Summary Calendar _______________

MICHAEL ARTHUR MAGOON,

Plaintiff-Appellant,

VERSUS

WAYNE SCOTT, Director, Texas Department of Criminal Justice, Institutional Division, et al.,

Defendants-Appellees.

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WAYNE SCOTT, Director, Texas Department of Criminal Justice, Institutional Division, et al.,

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Appeal from the United States District Court for the Eastern District of Texas (6:95-CV-240) _________________________

June 21, 1996

Before SMITH, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:*

Michael Magoon appeals the dismissal of his suit under

28 U.S.C. § 1915(d). Magoon contends that medical personnel should

have performed an x-ray on his back and should have concluded that

his prior back injuries precluded him from working. His complaints

are, at best, either allegations of negligent treatment or disputes

regarding the type of treatment he received and, thus, do not

evidence constitutionally inadequate treatment. See Johnson v.

Treen, 759 F.2d 1236, 1238 (5th Cir. 1985).

Magoon avers that he has been denied access to the court.

Although the magistrate judge should have addressed Magoon’s court-

access claim, Magoon has not identified any reversible error. See

Walker v. Navarro County Jail, 4 F.3d 410, 413 (5th Cir. 1993).

Accordingly, the judgment is AFFIRMED.

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.