F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
APR 24 1997
TENTH CIRCUIT
PATRICK FISHER
Clerk
JERRY L. HUNT, II,
Plaintiff-Appellant,
v.
No. 96-3153
KURTIS DOWNING, Youth Center (D.C. No. 96-3167-GTV)
Worker, Atchison, KS; YOUTH CENTER (District of Kansas)
AT ATCHISON; PEGGY ROPER, Youth
Center Worker, Atchison, KS,
Defendants-Appellees.
ORDER DENYING LEAVE TO APPEAL
WITHOUT PAYMENT OF FEES
Before SEYMOUR, Chief Judge; PORFILIO, Circuit Judge; and MURPHY, Circuit
Judge.
Jerry L. Hunt, II, has filed an application with this court to be allowed to appeal
without payment of fees. Although he has not complied with the provisions of 28 U.S.C.
§ 1915(a)(2), we nonetheless deny his application on the ground the appeal is legally
frivolous. 28 U.S.C. § 1915(e)(2)(B)(i).
Mr. Hunt filed an action claiming his civil rights had been violated by defendants
because while he was detained in a state juvenile facility in 1993, they made him sleep
one night in “urinated sheets” as punishment for intentionally soiling the bed covers. The
district court dismissed the complaint because it was frivolous and failed to state a claim
under the Eighth Amendment, finding plaintiff alleged no facts showing defendants had
acted with deliberate indifference and for the purpose of inflicting unnecessary and
wanton infliction of pain. Farmer v. Brennan, 511 U.S. 825 (1994): Rhodes v.
Chapman, 452 U.S. 337, 346-47 (1981). We agree with this analysis.
The application to appeal without payment of fees is DENIED, and the appeal is
DISMISSED.
ENTERED FOR THE COURT
John C. Porfilio
Circuit Judge
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