F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS MAY 30 1997
TENTH CIRCUIT PATRICK FISHER
Clerk
FEDERICO PEREZ,
Plaintiff-Appellant,
v. No. 96-1349
(D.C. No. 96-S-910)
BUREAU OF PRISONS, JOE (Colorado)
BOOKER, D. BURNETT, MRS.
WATTERSON; JERE SUTTON, Dr.,
Defendants-Appellees.
ORDER AND JUDGMENT *
Before SEYMOUR, Chief Judge, PORFILIO and MURPHY, Circuit Judges.
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 cause is
therefore ordered submitted without oral argument.
*
This order and judgment is not binding precedent, except under the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.
Plaintiff Federico Perez appeals from the district court’s dismissal of his
claim that defendants violated his Eighth Amendment right against cruel and
unusual punishment by denying him necessary medical care. We have carefully
reviewed the record in light of Mr. Perez’ constitutional claim. We agree with the
district court that under the relevant standard for an Eighth Amendment violation,
Mr. Perez has failed to state a claim.
We AFFIRM the judgment of the district court dismissing Mr. Perez’ civil
rights complaint substantially for the reasons given by the district court in its
Order of Dismissal filed June 26, 1996.
ENTERED FOR THE COURT
Stephanie K. Seymour
Chief Judge
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