Edward Smith v. Bastrop Med Clinic, P.A., Inc., et, No. 11-50981 (5th Cir. 2012)

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Case: 11-50981 Document: 00511808821 Page: 1 Date Filed: 04/02/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-50981 Summary Calendar April 2, 2012 Lyle W. Cayce Clerk EDWARD D. SMITH, Plaintiff-Appellant, versus BASTROP MEDICAL CLINIC, P.A., INCORPORATED; AUGUSTIN BATLLE, Medical Director; SARAH CHAVEZ, Masters of Science in Nursing, Certified Family Nurse Practitioner, Defendants-Appellees. Appeal from the United States District Court for the Western District of Texas USDC No. 1:11-CV-330 Before REAVLEY, SMITH, and PRADO, Circuit Judges. PER CURIAM:* Edward Smith claims the defendants denied him pain medication. He sues under 42 U.S.C. ยง 1983, but the defendants are private persons and not state actors. Even assuming that Smith has adequately briefed an issue in his pro se brief, he has not stated a claim upon which relief may be granted. The district court properly dismissed, and the judgment is AFFIRMED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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