IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 14-20157

Summary Calendar

MICHAEL MARTINEZ,

Plaintiff-Appellant

v.

MONICA PICKTALL, Physician’s Assistant - C. Hepatologist University of 

Texas Medical Branch-CMC-HG; SHIRLEY MEADOR, Texas Department of 

Criminal Justice Captain Food Service IV; DR. ABBAS KHOSHDEL, 

University of Texas Medical Branch-CMC-Physician II; HAMOUD A. 

ELTORY, M.D., Pathologist University of Texas Medical Branch-HG,

Defendants-Appellees

Appeals from the United States District Court

for the Southern District of Texas

USDC No. 4:12-CV-1270

Before DAVIS, CLEMENT, and COSTA, Circuit Judges.

PER CURIAM:*

Michael Martinez, Texas prisoner # 644520, filed a civil rights complaint, 

pursuant to 42 U.S.C. § 1983, alleging that the appellees were deliberately 

indifferent to his serious medical needs. In his complaint, Martinez sought 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

April 3, 2015

Lyle W. Cayce

Clerk

 

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No. 14-20157

injunctive relief, as well as monetary damages. Martinez timely appeals the 

district court’s grant of summary judgment in favor of the appellees. 

We review a district court’s ruling on summary judgment de novo, 

employing the same standard used by the district court. McFaul v. Venezuela, 

684 F.3d 564, 571 (5th Cir. 2012). A district court “shall grant summary 

judgment if the movant shows that there is no genuine dispute as to any 

material fact and that the movant is entitled to judgment as a matter of law.” 

FED. R. CIV. P. 56(a). 

Martinez contends that the appellees’ treatment of his medical issues 

“was flawed,” and as a result, he has suffered irreparable harm. Specifically, 

Martinez asserts that Monica Picktall failed to timely administer Epogen shots 

when treating him for Hepatitis C, despite knowing that he would become 

anemic. Martinez asserts that Abbas Khoshdel incorrectly ordered iron 

supplements, which elevated his iron levels to a state that caused iron stains. 

Martinez further asserts that Shirley Meador refused to comply with orders to 

place him on a renal diet plan. Martinez argues that we should reverse the 

judgment of the district court because the court ignored the evidence he 

submitted in support of his Eighth Amendment claims. 

Martinez’s assertion that the district court ignored his evidence is 

unsupported by the record. In its opinion, the district court expressly stated 

that it had considered Martinez’s pleadings, as well as the medical records 

submitted by Martinez and the appellees. As noted by the district court, the 

record contains more than 2000 pages of medical records related to Martinez’s 

treatment for his various medical issues. After reviewing Martinez’s 

allegations, which the district court attached as an appendix to its order, and 

the medical record evidence, the district court concluded that Martinez 

received a “significant amount of medical care.” The district court further 

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concluded that Martinez’s own allegations refuted that the appellees were 

deliberately indifferent to his serious medical needs, but rather demonstrated 

that Martinez merely disagreed with the treatment he was receiving. These 

findings by the district court are not erroneous. See Farmer v. Brennan, 511 

U.S. 825, 837 (1994); Gobert v. Caldwell, 463 F.3d 339, 346 (5th Cir. 2006). 

The district court determined that Martinez’s claim against Ernestine 

Julye was prescribed. Because Martinez does not challenge this finding, his 

claim is deemed abandoned. See Brinkmann v. Dallas County Deputy Sheriff 

Abner, 813 F.2d 744, 748 (5th Cir. 1987). Before this court, Martinez does not 

raise his claims against the following individuals: Bobby Vincent, Anitra 

Lindley, Jacklyn Fisher, Mahmoud Eltory, Tony O’Hare, and Vernon Pittman. 

These claims are therefore also deemed abandoned. See id. 

Because there is no genuine issue of material fact in dispute as to 

Martinez’s deliberate indifference claims, the district court did not err in 

granting the appellees’ motion for summary judgment. Accordingly, the 

judgment of the district court is AFFIRMED. Martinez’s motions for 

appointment of counsel and to strike the appellees’ letter brief are DENIED.

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