BELL v. HOLLOWAY (2019)

Anthony J. Bell, Texas prisoner # 1751166, appeals the district court’s dismissal of his 42 U.S.C. § 1983 suit on summary judgment. Because he fails to show that his case presents exceptional circumstances, we DENY Bell’s motion for appointment of counsel. See Cooper v. Sheriff, Lubbock Cty., Tex., 929 F.2d 1078, 1084 (5th Cir. 1991). We GRANT his motion to file a reply brief out of time.

In his § 1983 action, Bell alleged that defendants Christina Holloway, Abdelazeez Saubana, Jessie McKee, Obreca Miller, and Dr. Zae Zeon were deliberately indifferent to Bell’s serious medical needs in violation of the Eighth Amendment. Bell has abandoned any other claims against these or other defendants by failing to brief them. See Brinkmann v. Dallas Cty. Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987).

We review the grant of a motion for summary judgment de novo. Xtreme Lashes, LLC v. Xtended Beauty, Inc., 576 F.3d 221, 226 (5th Cir. 2009). Bell fails to demonstrate that a genuine issue of material fact remains as to whether his constitutional rights were violated, making the grant of summary judgment in the defendants’ favor appropriate. See Fed. R. Civ. P. 56(a); Pratt v. Harris Cty., Tex., 822 F.3d 174, 180 (5th Cir. 2016).

AFFIRMED.

FOOTNOTES

FOOTNOTE.  

PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.