### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 13

- 30551 Summary Calendar

TERRE ROMAONDO ENGLISH , Plaintiff

- Appellant

v.
WINN CORRECTIONAL CENTER; TIM KEITH; MISTER HOLDEN; MISTER WOODS; MEDICAL PERSONNEL WINN CORRECTIONAL , Defendant s
- Appellee s

Appeal from the United States District Court for the Western District of Louisiana USDC No. 1

- 12

- CV

- 2819

Before WIENER, OWEN, and HAYNES, Circuit Judges. PER CURIAM: * Plaintiff

- Appellant Terre Romaondo English, Louisiana prisoner # 529417, filed a 42 U.S.C. § 1983 complaint naming Winn Correctional Center and various p rison officials as defendants. He asserted that he was attacked by another improperly restrained inmate while they both were on a hospital trip outside of the prison. English was granted leave to proceed in forma

* 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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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. United States Court of Appeals Fifth Circuit 

### FILED December 16, 2013 Lyle W. Cayce Clerk Case: 13-30551 Document: 00512472310 Page: 1 Date Filed: 12/16/2013No. 13

- 30551

pauperis. The district court d enied and dismissed English’s complaint as frivolous and for fail ure to state a claim.
We review de novo the dismissal of a complaint under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A as frivolous or for failure to state a claim, or both, accepting the facts alleged in the complaint as true and viewing them in the light mos t favorable to the plaintiff. Green v. Atkinson, 623 F.3d 278, 279

- 80 (5th Cir. 2010). We will affirm dismissal for failure to state a claim “if, taking the plaintiff’s allegations as true, it appears that no relief could be granted based on the plaintif f’s alleged facts.” Samford v. Dretke, 562 F.3d 674, 678 (5th Cir. 2009) (internal quotation marks and citation o mitted). “It is well established that prison officials have a constitutional duty to protect prisoners from violence at the hands of their f ellow inmates.” Longoria v. Texas, 473 F.3d 586, 592 (5th Ci r. 2006) . To succeed on a failure

- to

- protect claim, “the inmate must show that he is incarcerated under conditions posing a substantial risk of serious harm and that the prison officials acted w ith deliberate indifference to the inmate’s safety.” Johnson v. Johnson, 385 F.3d 503, 524 (5th Cir. 2004) (internal quotation marks and citation omitted). We have declined to find deliberate indifference whe n an official should have infe rred the risk po sed to an inmate; instead, the official must draw such an
i nference. Adames v. Perez, 331 F.3d 508, 514 (5th Cir. 2003). To the extent English insists that prison guards acted negligently by failing to comply with policies regarding the restraint of in mates, assertions of negligence fail to state a claim for relief under § 1983

. See Marsh v. Jones, 53 F.3d 707, 711

- 12 (5th Cir. 1995)

. We also note that English asserted that the other prisoner was agitated with the guards , not that the other prisoner was

angry at him or made any threats against him prior to the attack. W e conclude ,

2 Case: 13-30551 Document: 00512472310 Page: 2 Date Filed: 12/16/2013No. 13

- 30551

therefore, that the defendants would not have drawn an inference that the unrestrained prisoner would attack English. See Adames, 331 F.3d at 514

. English also contends that , following the attack, prison medical officials failed properly to examine or treat him for a possible head injury

. Prison officials violate the Eighth Amendment’s proscription against cruel and unusual punishment if the y exhibit deliberate indifference to a prisoner’s serious medical needs. Wilson v. Seiter, 501 U.S. 294, 297 (1991). To prevail on a claim of deliberate indifference to serious medical needs, the plaintiff must establish that a defendant denied him treat ment, purposefully gave him improper treatment, ignored his medical complaints, or engaged in similar conduct clearly demonstrating wanton disregard. Gobert v. Caldwell, 463 F .3d 339, 346 (5th Cir. 2006). U nsuccessful medical treatment, negligence, medic al malpractice , or a dis agreement with medical treatment, however, will not support a § 1983 cause of action. See id. English’s claims represent a disagreement with his medical treatment, which is insufficient to show deliberate indifference. See Gobert
, 463 F.3d at 346. Accordingly, we affirm t he district court ’s dismissal of English ’s complaint for fail ure to state a claim. See Samford, 562 F.3d at 678. The district court’s dismissal of English’s § 1983 complaint as frivolous and for failure to sta te a claim counts as a st rike for purposes of 28 U.S.C. § 1915(g). See Adepegba v. Hammons, 103 F.3d 383, 38 7

- 88 (5th Cir. 1996). English is CAUTIONED that he now has one strike and that, if he accumulates three strikes, he will not be permitted to proce ed IFP in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury. See § 1915(g). AFFIRMED; SANCTION WARNING ISSUED.

3 Case: 13-30551 Document: 00512472310 Page: 3 Date Filed: 12/16/2013