597 F. App'x 807

Patrick Bernard SMITH, Plaintiff-Appellant v. Correctional Officer Sean MURRAY; Howard K. Bennett, Physician Assistant Certified; Mark Minshew; Officer Swoops; Lieutenant Preston; Sergeant Barrough; Assistant Warden K. Dean; Teri Smith, Defendants-Appellees.

No. 13-51134

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

March 18, 2015.

Before KING, JOLLY, and HAYNES, Circuit Judges.

PER CURIAM: *

Patrick Bernard Smith filed a civil rights action alleging numerous constitutional violations arising from prison discipline and medical care. All of the claims have been dismissed on summary judgment, but we granted Smith leave to appeal in forma pauperis (IFP) whether the district court erred by granting summary judgment dismissing an excessive-force claim against defendant Columbus Swopes arising on March 20, 2009, and an excessive-force claim against defendants Sean Murray and Mark Minshew arising on April 20, 2009. Smith v. Murray, No. 13-51134 (5th Cir. May 6, 2014) (unpublished order). IFP was denied as to all other claims. Id.

Smith has abandoned the essential issues for appeal by failing to brief them. See Audler v. CBC Innovis Inc., 519 F.3d 239, 255 (5th Cir.2008); Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.1993). At best, his few bare assertions of excessive force, unsupported by any competent summary judgment evidence, do not show any genuine issue for trial. See Duffle v. United States, 600 F.3d 362, 371 (5th Cir.2010); Hathaway v. Bazany, 507 F.3d 312, 319 (5th Cir.2007). The district court’s judgment is AFFIRMED, and all of Smith’s claims against all defendants in this action are now dismissed.

Smith v. Murray
597 F. App'x 807

Case Details

Name
Smith v. Murray
Decision Date
Mar 18, 2015
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597 F. App'x 807

Jurisdiction
United States

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