Perry v. Stanley, et al, No. 04-41237 (5th Cir. 2006)

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United States Court of Appeals Fifth Circuit F I L E D January 20, 2006 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 04-41237 Summary Calendar GERALD ALLEN PERRY, Petitioner-Appellant, versus REGINALDO STANLEY; CLOVIS GILBERT; LOWRY POWERS; JONATHAN PLEASANT, Respondents-Appellees. -------------------Appeal from the United States District Court for the Eastern District of Texas USDC No. 5:01-CV-166-DF-CMC -------------------Before HIGGINBOTHAM, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* In this action brought under 42 U.S.C. § 1983, Gerald Perry, Texas prisoner # 644896, appeals summary judgment in favor of the defendants. Perry contends that the defendants violated his Eighth Amendment rights by delaying treatment of his hand, which he broke in a fight. Unsuccessful medical treatment, acts of negligence, medical malpractice, or a prisoner s disagreement with prison officials regarding medical treatment are insufficient unconstitutional denial of medical care. * to establish an Norton v. Dimazana, 122 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 04-41237 -2F.3d 286, 292 (5th Cir. 1997). The uncontested summary judgment evidence shows that Perry received extensive care for his injury. Perry s allegations, arguments, and summary-judgment evidence point only to a difference of opinion as to the proper course of treatment. fact Perry has failed to show there is any genuine issue of material to whether any person indifference to his health problem. court is AFFIRMED. acted with deliberate The judgment of the district

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