IN THE UNITED STATES COURT OF APPEALS
                   FOR THE FIFTH CIRCUIT  United States Court of Appeals
                                                   Fifth Circuit

                                                FILED
                                                                 June 29, 2009
                               No. 08-10426
                             Summary Calendar               Charles R. Fulbruge III
                                                                    Clerk

CLYDE EVANS PARKER, also known as Clyde Dale Evans, also known as
Clyde Dale Evans Parker

                                           Plaintiff-Appellant

v.

DEE ANDERSON, Sheriff, Tarrant County; CEDRIC SIMON, Chief; MARY
HENDRIX, Captain; DONALD MITCHELL, Correctional Officer, Tarrant
County Jail; REGINALD WASHINGTON, Correctional Officer, Tarrant County
Jail; JOHN MURPHY, Sargeant, Tarrant County Sheriff’s Department;
DARRELL CLEMENTS, Lieutenant, jail administrator, Tarrant County Jail;
AMY FERRELL, Captain, Tarrant County Jail; JOHN PETER SMITH
HOSPITAL; DR ERIK WROTEN; DR BRIAN KEITH BLAIR; DR R WILLIAM
JUNIAS, III; D O MICHAEL C AMPELAS; DR WARREN LEWIS
BUTTERFIELD

                                           Defendants-Appellees


                 Appeal from the United States District Court
                      for the Northern District of Texas
                            USDC No. 4:06-CV-269


Before KING, DENNIS, and OWEN, Circuit Judges.
PER CURIAM:*



      *
      Pursuant to 5 TH C IR. 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should not be published and is not precedent except under the limited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 5 TH C IR. R. 47.5.4.
                                   No. 08-10426

      Clyde Evans Parker, federal inmate # 34006-177, appeals the dismissal of
a civil rights complaint alleging that, during his incarceration as a pre-trial
detainee, the defendants failed to provide constitutionally adequate medical
treatment for his broken arm. Parker also appeals denial of a post-judgment
motion for relief under F ED. R. C IV. P. 59(e), and he moves for appointment of
appellate counsel and permission to supplement the record.
      The district court concluded that Parker’s complaint failed to state a claim
for relief and granted F ED. R. C IV. P. 12(b)(6) relief as to all defendants. Parker
does not challenge the district court’s determination that he failed to state a
claim against defendants John Peter Smith Hospital, Anderson, Simon, Hendrix,
Ferrell, Murphy, Clements, Mitchell and Washington.           Accordingly, he has
abandoned his claims against these defendants. See Yohey v. Collins, 

, 224-25 (5th Cir. 1983).
      The grant of a motion to dismiss pursuant to Rule 12(b)(6) is reviewed de
novo, with all well-pleaded facts accepted as true and viewed in the light most
favorable to the plaintiff . In re Katrina Canal Breaches Litigation, 

, 205 (5th Cir. 2007), cert. denied, 

, and cert. denied, 

(2008).     Parker’s claims against defendants Wroten, Blair, Junias,
Ampelas, and Butterfield allege, at most, negligence or malpractice; thus, the
district court did not err by concluding that Parker failed to state a claim of
constitutionally inadequate medical treatment. See Gobert v. Caldwell, 

, 346 (5th Cir. 2006); In re Katrina 

. As Parker does
not challenge the denial of his post-judgment motion to amend, we conclude that
he has also abandoned this issue. 

. Consequently, the
judgment of the district court is AFFIRMED and the motions for appointment
of counsel and to supplement the record are DENIED.




                                         2