Davis v. Univ TX Med Branch, et al

* 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this opinion should not be published and is not precedent except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
F I L E D
December 12, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-20832
Conference Calendar
RONNIE DAVIS,
Plaintiff-Appellant,
versus
UNIVERSITY OF TEXAS MEDICAL BRANCH; DR. JOHN STOBO, President;
GENE MCMASTERS, Practice Manager; GLENDA ADAMS, M.D.;
JULIA LAWSON, P.A.,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:05-CV-2104
--------------------
Before KING, WIENER, and OWEN, Circuit Judges.
PER CURIAM:*
Ronnie Davis, Texas prisoner # 1250016, appeals the district
court’s dismissal of his 42 U.S.C. § 1983 complaint for failure
to state a claim upon which relief may be granted. Davis alleged
that the defendants’ treatment constituted deliberate
indifference to his serious medical needs.
We review de novo a dismissal for failure to state a claim
on which relief can be granted. Scanlan v. Texas A&M Univ.,
343 F.3d 533, 536 (5th Cir. 2003). Unsuccessful medical

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No. 05-20832
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treatment does not give rise to a § 1983 cause of action.
Varnado v. Lynaugh, 920 F.2d 320, 321 (5th Cir. 1991). In
addition, a physician’s failure to follow the advice of another
physician is not evidence of deliberate indifference. Stewart v.
Murphy, 174 F.3d 530, 535 (5th Cir. 1999). While Davis may have
disagreed with the treatment he received from prison medical
staff, their level of care does not demonstrate deliberate
indifference to his medical needs. See Varnado, 920 F.2d at 321.
Davis is cautioned that the district court’s dismissal of
his complaint for failure to state a claim counts as a strike
under 28 U.S.C. § 1915(g). See Adepegba v. Hammons, 103 F.3d
383, 387-88 (5th Cir. 1996). He is also cautioned that if he
accumulates three strikes under § 1915(g), he will not be able to
proceed in forma pauperis 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.

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