alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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this opinion should not be published and is not precedent except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.

2

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-30212

Summary Calendar

 

RICKEY EVANS,

Plaintiff-Appellant,

versus

BRYAN READY; E. BOUDREAUX; JOSEPH M. TURNER; D. BORDELON;

RONNIE JETT,

Defendants-Appellees.

--------------------

Appeal from the United States District Court

for the Middle District of Louisiana

USDC No. 99-CV-1032-B

--------------------

September 17, 2002

Before GARWOOD, JOLLY and SMITH, Circuit Judges.

PER CURIAM:*

Rickey Evans, Louisiana prisoner # 108026, appeals the

district court’s dismissal of his 42 U.S.C. § 1983 complaint. 

Evans argues that the district court erred in granting summary

judgment in favor of defendant Sergeant Bryan Ready on Evans’s

claims of deliberate indifference to his serious medical needs

and retaliation. Evans has failed to show that he stated a claim
3

for deliberate indifference to his serious medical needs. See

Estelle v. Gamble, 429 U.S. 97, 106 (1976). With regard to the

retaliation claim, Evans’s conclusional allegations are

insufficient to meet his summary judgment burden. See Little v.

Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir. 1994) (en banc).

Evans also argues that the district court erred in

dismissing his complaint against all of the other defendants for

failure to state a claim. Because he did not allege any personal

involvement by these defendants in the withholding of his

medications, Evans failed to state a claim for deliberate

indifference to serious medical needs against these defendants. 

See Lozano v. Smith, 718 F.2d 756, 768 (5th Cir. 1983). At most,

Evans’s allegations against these defendants stated a claim of

negligence, which is insufficient to state a claim under 42

U.S.C. § 1983. See Varnado v. Lynaugh, 920 F.2d 320, 321 (5th

Cir. 1991).

Evans has failed to present any argument as to the propriety

of the district court’s denial of his postjudgment motion. Thus

that issue has been abandoned. Yohey v. Collins, 985 F.2d 222,

224-25 (5th Cir. 1993).

AFFIRMED.
From: Elizabeth Noblitt

To: E-OHPSCA2713.EBSA

Subject: Thank you for supporting birth control access for all women

Date: Tuesday, August 02, 2011 5:08:25 PM

Dear Kathleen Sebelius, Secretary of Health & Human Services,

I commend the Department of Health & Human Services' landmark decision requiring health insurers to

cover the full cost of contraception, with no co-pay, beginning in August 2012.

This policy places a much-needed importance on women's health that is too-often not a priority in

health care policy. Birth control is a critical part of preventive care, and making contraception available

to all women, regardless of their insurance or ability to pay for it, will significantly reduce long-term

health care costs associated with unplanned pregnancies.

Thank you for prioritizing women's basic health care needs.

Sincerely,

Elizabeth Noblitt

6516 121st Place SE

Bellevue, WA 98006
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</TABLE>
#### JOHN I. PHILLIPS, PROSECUTOR, v. CITY OF WILDWOOD, DEFENDANT.

Submitted October 14, 1932

Decided February 28, 1933.

Before Justices Parees, Lloyd and IIeher.

For the prosecutor, *Edward F. Merrey.*

For the defendant, *Carl Kisselman.*

Per Curiam.

This is a rule to show cause why a writ of *certiorari*should not be allowed to bring up for review a resolution of the board of commissioners of Wildwood, reducing the pay of the various members of the local police department. No formal reasons are filed, and the application is submitted on briefs. In that for the prosecutor but two points are made. The first is that. *178the resolution was not *bona fide*in the interest of economy. We have considered a similar question in *Heil*v. *Wildwood,*11 *N. J. Mis. R.*171, and *Cobb et al.*v. *Wildwood, Ibid.*176, both at the present term, and conclude in this case as in those, that the claim is not supported by the evidence. The second point is that the reduction was the second within the fiscal year, contrary to section 5 of article 13 of the Home Rule act. *Pamph. L.*1917, *p.*351. But this is not founded in fact. The commissioners in December, 1931, did order that the officeholders be requested to consent to a voluntary reduction, effective January 1st, 1932; but even if this be considered as a reduction assignable to 1932, of which we are not convinced, still there was no official legislative action putting it in force. Legally it was a request and nothing more, and had no binding force.

Neither point being deemed well taken, the rule to show cause will be discharged, with costs.
NOTICE: All slip opinions and orders are subject to formal 

revision and are superseded by the advance sheets and bound 

volumes of the Official Reports. If you find a typographical 

error or other formal error, please notify the Reporter of 

Decisions, Supreme Judicial Court, John Adams Courthouse, 1 

Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-

1030; SJCReporter@sjc.state.ma.us

SJC-11889

KERR CARRINGTON vs. COMMONWEALTH.

December 11, 2015.

Supreme Judicial Court, Superintendence of inferior courts.

Kerr Carrington appeals from a judgment of a single justice 

of this court denying his petition for relief under G. L. 

c. 211, § 3. Carrington was convicted in 2010 of several 

criminal offenses. His convictions were affirmed by the Appeals 

Court, and we denied further appellate review. Commonwealth v. 

Carrington, 84 Mass. App. Ct. 1101, S.C., 466 Mass. 1103 (2013). 

In his G. L. c. 211, § 3, petition, Carrington challenged 

various asserted errors in the criminal proceedings. The single 

justice denied relief without a hearing. We affirm.

Carrington has filed a memorandum and appendix pursuant to 

S.J.C. Rule 2:21, as amended, 434 Mass. 1301 (2001), which 

requires a petitioner seeking relief from an interlocutory 

ruling of the trial court to "set forth the reasons why review 

of the trial court decision cannot adequately be obtained on 

appeal from any final adverse judgment in the trial court or by 

other available means." That rule does not apply here, as the 

charges against Carrington have gone to final judgment. 

Nonetheless, it is clear that Carrington had, and exercised, an 

adequate opportunity to obtain review in the ordinary appellate 

process. Moreover, he remains free to file a motion for a new 

trial pursuant to Mass. R. Crim. P. 30, as appearing in 435 

Mass. 1501 (2001), and to appeal from any adverse ruling 

thereon. "The court's extraordinary power of general 

superintendence under c. 211, § 3, is 'exercised sparingly, not 

as a substitute for the normal appellate process or merely to 

provide an additional layer of appellate review after the normal 
2

process has run its course.'" Doyle v. Commonwealth, 472 Mass. 

1002, 1003 (2015), quoting Norris v. Commonwealth, 447 Mass. 

1007, 1008 (2006).

Judgment affirmed.

The case was submitted on briefs.

James P. McKenna for the petitioner.
Bayne Alexis, 

Plaintiff, 

v. 

Hon. Janet Napolitano et al. 

Defendants. 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

) 

) 

) 

) 

) Civil Action No. 11 1 t:i2fi 

) 

) 

) 

) 

) 

MEMORANDUM OPINION 

This matter is before the Court on review of plaintiff s pro se complaint and application 

to proceed in forma pauperis. The application will be granted and the complaint will be 

dismissed pursuant to 28 U.S.c. § 1915(e)(2)(B)(i) (requiring dismissal ofa complaint upon a 

determination that the complaint, among other grounds, is frivolous). 

Plaintiff is a resident of Trinidad and Tobago suing under 28 U.S.c. § 1350, commonly 

referred to as the Alien Tort Claims Act ("ATCA") or the Alien Tort Statute (,'ATS"). The 

complaint barely satisfies the minimal pleading requirements of Rule 8(a) of the Federal Rules of 

Civil Procedure, but the court documents attached to the complaint show that plaintiff, a native 

of Trinidad and Tobago, was deported as a result of his conviction of an aggravated felony. 

Plaintiff appears to allege that the denial of social security benefits based on his removal amounts 

to torture. See Compi. at 2. The A TS defines torture as, inter alia, causing "severe [mental or 

physical] pain or suffering," and it explicitly excludes "pain or sutTering arising only from or 

inherent in, or incidental to, lawful sanctions." 28 U.S.C. § 1350 note, § 3(b). 

3 
Complaints that lack "an arguable basis in law and fact" are subject to dismissal as 

frivolous. Brandon v. District 0/ Columbia Bd. o/Parole, 734 F.2d 56, 59 (D.C. Cir. 1984); see 

Crisafi v. Holland, 655 F.2d 1305, 1307-08 (D.C. Cir. 1981) ("A court may dismiss as frivolous 

complaints reciting bare legal conclusions with no suggestion of supporting facts ... ."). The 

instant complaint satisfies the foregoing standard and, thus, will be dismissed as frivolous. A 

separate Order accompanies this Memorandum Opinion. 

Date: September ~ ,2011 United States District Judge 

2
----

Euro exchange rates (1)

 4 May 2004

(2004/C 129/01)

1 euro= 

----

(1)

Source: reference exchange rate published by the ECB.

----
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