Phillip A. BONADONNA, Plaintiff-Appellant, v. Jose SERRANO, Jeanne Feliciano, Leopoldo Perez, Juan Monserrate, Juan Castillo, et al., Defendants-Appellees, 223 F. App'x 852

PER CURIAM: Phillip A. Bonadonna appeals the

summary judgment in favor of ColumbiaDeering Hospital (“Columbia-Deering”). Bonadonna alleges that Columbia-Deering is liable to him, as a third party beneficiary to a contract entered into between the United States Bureau of Prisons and Columbia-Deering, because the treatment he received from Dr. Kim, a doctor allegedly affiliated with Columbia-Deering, fell below the appropriate standard of care. Having previously dismissed allegations against Dr. Kim on the basis that he was not a party to the contract at issue, the district court also granted Columbia-Deering’s motion for

summary judgment on the basis that the court lacked federal jurisdiction over the complaint, and, alternatively, because Columbia-Deering, having no relationship with Dr. Kim, could not be held liable for his conduct. Moreover, even if there was a relationship, Bonadonna provided no evidence that Dr. Kim’s services were substandard. Having reviewed the record, we cannot conclude that the district court erred in finding that Columbia-Deering did not have a relationship with Dr. Kim that would subject Columbia-Deering to liability for Dr. Kim’s treatment of Bonadonna. AFFIRMED. .

This appeal is the second time this matter has reached our Court. See Bonadonna v. Serrano, No. 02-16389, 2003 WL 22075697 (11th Cir. August 19, 2003).