Federal Circuits, 5th Cir. (December 13, 1995)
Docket number: 95-60394
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Id. vLex: VLEX-18400920
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Local Rule 47.5 provides: “The publication of opinions that have no precedential value and merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession.” Pursuant to that Rule, the Court has determined that this opinion should not be published.
UNITED STATES COURT OF APPEALS For the Fifth Circuit No. 95-60394 Summary Calendar STANLEY NASH, Plaintiff-Appellant, VERSUS MISSISSIPPI DEPARTMENT OF CORRECTIONS; CLEOPHUS WALKER, Defendants-Appellees.Appeal from the United States District Court For the Southern District of Mississippi (3:94 CV348LN) December 27, 1995 Before HIGGINBOTHAM, DUHÉ, and EMILIO M. GARZA, District Judges.PER CURIAM: 1 Mississippi State prisoner Stanley Nash sued the Mississippi Department of Corrections and Captain Cleophus Walker for money damages under 42 U.S.C. § 1983 allegedly arising from physical injuries sustained while incarcerated. The district court granted DefendantÂ’s motion for summary judgment finding that Nash had failed to exhaust admin istrative remedies. Nash appeals. We affirm, but for different reasons.The dis trict court erred in granting the Defendant§§ 47-5-801- 807 (1995). We affirm, however, because the record makes clear that Nas h suffered an accidental injury for which he received appropriate medical treatment. Thus, his claim of a constitutional violation lacks an arguable factual basis. F armer v. Brennan , 114 S.Ct. 1970, 1979 (1994). We therefore affirm the result on these grounds. S ee Bickford v. International Speedway Corp. , 654 F.2d 1028, 1031 (5th Cir. 1981). AFFIRMED.Try vLex for FREE for 3 days
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