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491 F.2d 728

Docket No. 73-1910.

Ellingburg v. Lloyd

Fifth Circuit Court of Appeals

Submitted Feb. 15, 1974.

Decided Feb. 20, 1974.

Fifth Circuit Court of Appeals · decided 1974-02-20

Cited by 1 later decisions — most recently October 1974

1 federal appellate ·

2 counsel of record

Applies 28 U.S.C. § 1915 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York · United States v. Bartholomew

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1974-02-20

View the full empirical analysis of this case →

¶1James G. Ellingburg, pro se.

¶2Jim Guy Tucker, Atty. Gen., Little Rock, Ark., for appellee.

¶3Before HEANEY and BRIGHT, Circuit Judges, and DENNEY, District Judge.*

¶5PER CURIAM.

¶6James G. Ellingburg appeals from the dismissal of his 42 U.S.C. § 1983 petition. He alleged in the District Court that on October 26, 1973, the paramedic on duty at the Cummins Unit of the Arkansas Department of Corrections denied him “medication for [his] tubercular condition … ”.

¶7The District Court, after reviewing its “experience” with the appellant, found:

Petitioner has evidently had tuberculosis in the past, and his present condition calls for medication which is administered to him by paramedical personnel employed at Cummins, including respondent, Jerry Loyd. Petitioner is assigned to duty as a night janitor which is a light job assignment compatible with his physical condition and with his age.
… *
This time he complains that respondent, Loyd, unreasonably delayed fur*729nishing him with medication on October 26, 1973. The Court views the petition as frivolous … 1

¶8We agree with the trial court’s characterization of the petition and affirm its action.

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