Spencer v. Shoup

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 3, 2003
• Docket: 03-50255
• Status: Unpublished

Opinion

United States Court of Appeals Fifth Circuit F I L E D UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 3, 2003

Charles R. Fulbruge III Clerk No. 03-50255 Summary Calendar

FERNANDO SPENCER,

Plaintiff-Appellant,

versus

JEFFREY SHOUP, Warden; FNU BARINTES, Mrs.; FNU MORENO, Mrs.; FNU BOTKINS, Mrs.; FNU ALVAREZ, Mr.; FNU DURAN, Mr.; GRW CORP.,

Defendants-Appellees.

Appeal from the United States District Court for the Western District of Texas (MO-01-CV-133)

Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges.

PER CURIAM:*

Fernando Spencer, federal prisoner # 10714-180, appeals, pro

se, the summary judgment dismissing his 42 U.S.C. §1983 claim.

(Spencer’s motion for the appointment of counsel is DENIED.)

Spencer has shown no error in the district court’s

determination that Spencer failed to exhaust available

administrative remedies. See 42 U.S.C. § 1997e(a); see Porter v.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Nussle, 534 U.S. 516, 524 (2002); Wright v. Hollingsworth, 260 F.3d

357, 358 (5th Cir. 2001).

Although required to do so under 42 U.S.C. § 1997e(e), Spencer

failed to identify a specific physical injury. Nor did he present

the issue in his brief; therefore, he has abandoned it for purposes

of appeal. See, e.g., Yohey v. Collins, 985 F.2d 222, 224-25 (5th

Cir. 1993).

MOTION DENIED; AFFIRMED