F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
FEB 25 1998
TENTH CIRCUIT
PATRICK FISHER
Clerk
MICHAEL ANTHONY POLK,
Plaintiff-Appellant,
v.
CORRECTIONS CORPORATION OF
AMERICA; WILLIAM GRAF, Warden at
Correction Corporation of America; No. 97-3092
JAMES IRWIN, Assistant Warden, (D.C. No. 96-CV-3128)
Correction Corporation of America; (District of Kansas)
JAMES PERRY, Chief of Security,
Correction Corporation of America;
(NFN) BOLIN, Doctor; and CARROL
ST. CLAIR, R.N.,
Defendants-Appellees.
ORDER AND JUDGMENT*
Before PORFILIO, KELLY, and HENRY, 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
*
This order and judgment is not binding precedent, except under the doctrines of
law of the case, res judicata, and collateral estoppel. This 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.
appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore ordered
submitted without oral argument.
Michael Anthony Polk, a federal prisoner, appeals from the dismissal of his pro se
civil rights complaint seeking damages for “medical malpractice.” Without reference to
the Eighth Amendment or any other constitutional provision, he alleged while he was in
the Detention Facility at Leavenworth, Kansas, operated by the Corrections Corporation
of America (Corporation), a dentist removed four wisdom teeth. Mr. Polk summarily
claimed this procedure resulted in subsequent injuries, and he sued not only the
Corporation but also the Warden and Assistant Warden at USP Leavenworth, the dentist,
and a nurse. Finding Mr. Polk failed to set forth a Constitutional basis for his claim or a
contention the actions of the defendants were intentional, the district court summarily
dismissed the action. We AFFIRM the decision for the reasons given by the district
court.
ENTERED FOR THE COURT
John C. Porfilio
Circuit Judge
-2-