Filed: Jan. 30, 2006
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT January 30, 2006 Charles R. Fulbruge III No. 05-30477 Clerk Summary Calendar JIM F. BLACKWELL, Plaintiff-Appellant, versus RAMA KAKANI, Defendant-Appellee. - Appeal from the United States District Court for the Western District of Louisiana No. 5:03-CV-2038 - Before SMITH, GARZA, and PRADO, Circuit Judges. PER CURIAM:* Jim Blackwell appeals a summary judgment in his suit filed un- d
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT January 30, 2006 Charles R. Fulbruge III No. 05-30477 Clerk Summary Calendar JIM F. BLACKWELL, Plaintiff-Appellant, versus RAMA KAKANI, Defendant-Appellee. - Appeal from the United States District Court for the Western District of Louisiana No. 5:03-CV-2038 - Before SMITH, GARZA, and PRADO, Circuit Judges. PER CURIAM:* Jim Blackwell appeals a summary judgment in his suit filed un- de..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT January 30, 2006
Charles R. Fulbruge III
No. 05-30477 Clerk
Summary Calendar
JIM F. BLACKWELL,
Plaintiff-Appellant,
versus
RAMA KAKANI,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Western District of Louisiana
No. 5:03-CV-2038
--------------------
Before SMITH, GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Jim Blackwell appeals a summary judgment in his suit filed un-
der Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics,
403 U.S. 388 (1971). Blackwell alleges that Rama Kakani, a doctor
at the Overton Brooks Veterans Administration (“VA”) Medical
Center, discriminated against him by discontinuing prescription
medications on the basis of Blackwell’s age and disability.
*
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should not be published and is not precedent except under the limited circum-
stances set forth in 5TH CIR. R. 47.5.4.
No. 05-30477
-2-
We review a summary judgment de novo. Guillory v. Domtar
Indus., Inc.,
95 F.3d 1320, 1326 (5th Cir. 1996). Summary judgment
is appropriate where, considering all the allegations in the plead-
ings, depositions, admissions, answers to interrogatories, and af-
fidavits, and drawing inferences in the light most favorable to the
nonmoving party, there is no genuine issue of material fact and the
moving party is entitled to judgment as a matter of law. FED. R.
CIV. P. 56(c); Little v. Liquid Air Corp.,
37 F.3d 1069, 1075 (5th
Cir. 1994)(en banc).
After reviewing the briefs and the record, including Black-
well’s evidence submitted in opposition to summary judgment, we
conclude that the district court did not err. The evidence that
Blackwell cites does not suffice to raise a genuine issue of mate-
rial fact. See
Little, 37 F.3d at 1075. We also affirm the sanc-
tion precluding Blackwell from filing further lawsuits unless he
first pays the filing fee. See In re McDonald,
489 U.S. 180
(1989).
AFFIRMED.