Filed: Sep. 28, 2000
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-31216 Summary Calendar LEMUEL R. LOCKETT, Plaintiff-Appellant, versus RICHARD L. STALDER, Secretary, Department of Public Safety and Corrections; ED C. DAY, Warden, Washington Correctional Institute; KATHLEEN MCGINNIS, Hospital Administrator, Washington Correctional Institute; VISITACION RAMIREZ, DR., Defendants-Appellees. - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 97-CV-3843-N -
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-31216 Summary Calendar LEMUEL R. LOCKETT, Plaintiff-Appellant, versus RICHARD L. STALDER, Secretary, Department of Public Safety and Corrections; ED C. DAY, Warden, Washington Correctional Institute; KATHLEEN MCGINNIS, Hospital Administrator, Washington Correctional Institute; VISITACION RAMIREZ, DR., Defendants-Appellees. - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 97-CV-3843-N - ..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-31216
Summary Calendar
LEMUEL R. LOCKETT,
Plaintiff-Appellant,
versus
RICHARD L. STALDER, Secretary, Department of Public Safety
and Corrections; ED C. DAY, Warden, Washington Correctional
Institute; KATHLEEN MCGINNIS, Hospital Administrator, Washington
Correctional Institute; VISITACION RAMIREZ, DR.,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 97-CV-3843-N
--------------------
September 25, 2000
Before GARWOOD, HIGGINBOTHAM and PARKER, Circuit Judges.
PER CURIAM:*
Lemuel R. Lockett, Louisiana prisoner # 81144, appeals the
district court’s dismissal of his 42 U.S.C. § 1983 civil rights
action as frivolous pursuant to 28 U.S.C. § 1915A. He argues
that Richard Stalder, Ed Day, Kathleen McGinnis, and
Dr. Visitacion Ramirez denied him adequate medical care for an
injury to his left hip, knee, leg, and lower back and for a
congenital defect in his left leg. He argues that the defendants
*
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that this opinion should not be published and is not precedent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.
No. 99-31216
-2-
failed to provide corrective surgery for a dislocated left hip,
failed to provide crutches, and failed to provide physical
therapy. Because Lockett has not shown that Stalder, Day, or
McGinnis were directly and personally involved in his medical
care, he has not shown that they are liable under § 1983. See
Alton v. Texas A & M University,
168 F.3d 196, 200 (5th Cir.
1998). A review of Lockett’s medical records indicates that he
received extensive medical treatment and that Dr. Ramirez did not
act with deliberate indifference to his serious medical needs.
The record shows that his left hip was not dislocated and did not
require surgery, that he received crutches shortly after his
injury; and that he attended six weeks of physical therapy as
ordered and was discharged after meeting his physical therapy
goals. Lockett has not shown that he was denied adequate medical
care. See Estelle v. Gamble,
429 U.S. 97, 106 (1976); Varnado v.
Lynaugh,
920 F.2d 320, 321 (5th Cir. 1991).
Lockett argued for the first time in his objections to the
magistrate judge’s report that the defendants failed to provide
orthopedic shoes in a timely manner to help correct his
congenitally shorter left leg. Lockett had previously been
advised by the magistrate judge in a telephone conference that if
he wished to add new claims, he would be required to file a
motion for leave to amend his complaint pursuant to Fed. R. Civ.
P. 15(a). Because Lockett failed to file such a motion, the
district court did not err in not considering this claim.
However, Lockett’s own allegations indicate that the orthopedic
shoes were ordered in December 1998 and that he received them in
No. 99-31216
-3-
June 1999. He has not shown that Dr. Ramirez acted with
deliberate indifference to delay his receipt of the shoes.
Lockett argues that the district court abused its discretion
in dismissing as frivolous his claim that the defendants
improperly denied his request for “indoor work status” due to his
injury and congenital defect. Because Lockett has not shown that
any of the named defendants were directly and personally
responsible for making his work assignments, he has not shown
that they are liable under § 1983. See
Alton, 168 F.3d at 200.
Further, Lockett acknowledged that his work restrictions were
changed shortly after his injury to no lifting, no bending, and
no mopping. Lockett has not shown that any of his doctors
recommended that he only work indoors due to his injury. Lockett
has not shown that the defendants acted with deliberate
indifference in denying his request for “indoor duty status.”
Lockett argues that the district court abused its discretion
in not exercising its supplemental jurisdiction over his state
law claims. Because the district court had dismissed all of
Lockett’s § 1983 claims, the district court did not abuse its
discretion in declining to exercise its jurisdiction over
Lockett’s state law claims.
AFFIRMED.