UNITED STATES COURT OF APPEALSFiled 8/23/96
FOR THE TENTH CIRCUIT
LARRY DON NED,
Plaintiff-Appellant,
v. No. 95-6376
(D.C. No. CIV-95-348-T)
LARRY A. FIELDS, SHERI (W.D. Okla. )
VINCENT, R. MICHAEL CODY,
ERICA DUNN,
Defendants-Appellees.
ORDER AND JUDGMENT *
Before TACHA, ALDISERT, ** and BALDOCK, Circuit Judges. ***
Plaintiff Larry Don Ned seeks review of the district court’s grant of
summary judgment to defendants on his civil rights complaint. Our jurisdiction
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
**
Honorable Ruggero J. Aldisert, Senior Circuit Judge, United States Court
of Appeals for the Third Circuit, sitting by designation.
***
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore
ordered submitted without oral argument.
over this appeal arises from 28 U.S.C. § 1291. We construe plaintiff’s pro se
pleadings liberally, as required by Haines v. Kerner, 404 U.S. 519, 520 (1972).
We review the court’s grant of summary judgment de novo, applying the same
standards as the district court under Fed. R. Civ. P. 56(c). Wolf v. Prudential Ins.
Co., 50 F.3d 793, 796 (10th Cir. 1995).
Plaintiff’s complaint contended that defendants 1) violated his due process
rights in connection with a disciplinary matter involving a magazine subscription,
2) discriminated against him on racial grounds when they refused a requested cell
transfer, and 3) violated the Eighth Amendment by failing to prevent spider bites
in his cell. In his response to defendant’s motion to dismiss or for summary
judgment, plaintiff moved for appointment of counsel and an evidentiary hearing.
He also alleged that defendants 4) denied him adequate access to the courts due to
their control of the law library, and 5) failed to give him proper medical
treatment.
After our careful review of the record on appeal and due consideration of
the parties’ briefs, we conclude that the district court correctly decided this case.
Therefore, for substantially the same reasons set forth in the district court’s order
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dated September 19, 1995, the judgment of the United States District Court for
the Western District of Oklahoma is AFFIRMED. Plaintiff’s motion for class
certification and appointment of counsel is DENIED.
The mandate shall issue forthwith.
Entered for the Court
Bobby R. Baldock
Circuit Judge
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