Valentine v. Thomas, 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this opinion should not be published and is not precedent except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 30, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-20606
Summary Calendar
JOSE VALENTINE,
Plaintiff-Appellant,
versus
ADRIAN M. THOMAS, Correctional Lieutenant;
JAMES D. RUBY, Sergeant of Correctional
Officers; CAREY S. STAPLES, Assistant
Warden; SENIOR WARDEN LAUGHLIN; MAJOR RICE,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:04-CV-1951
--------------------
Before DAVIS, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:*
Jose Valentine, Texas prisoner # 113104, appeals the
district court’s dismissal as frivolous of his 42 U.S.C. § 1983
complaint. He asserts that Lieutenant Thomas used excessive
force against him by pushing him into a filing cabinet, resulting
in a bruise on his thigh, which did not require medical
treatment, although he was given ibuprofen. Valentine has not
established that he suffered an injury that was more than de

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No. 04-20606
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minimis. See Hudson v. McMillian, 503 U.S. 1, 9-10 (1992); Gomez
v. Chandler, 163 F.3d 921, 924 (5th Cir. 1999). The district
court did not abuse its discretion in dismissing this claim. See
Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997).
Valentine does not argue on appeal that the district court
abused its discretion in dismissing his claims against the
defendants not physically present for the assault or in refusing
to consider his state law claims of assault. These claims area
therefore deemed abandoned. See Brinkmann v. Dallas County
Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). The
judgment of the district court is thus AFFIRMED.

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