FILED
United States Court of Appeals
Tenth Circuit
April 24, 2012
UNITED STATES COURT OF APPEALS
Elisabeth A. Shumaker
Clerk of Court
TENTH CIRCUIT
KEITH CLAYTON BROOKS, JR.,
and all others similarly situated,
No. 11-1549
Plaintiff - Appellant,
v. (D. Colorado)
ANGEL MEDINA, Warden; TRAVIS (D.C. No. 1:11-CV-01604-LTB)
TRANNI, Warden; FRANCIS
MASSENGILL, Associate Warden;
PAUL AUET, Lieutenant; KEN
SOKOL, Lieutenant; FOX, Lieutenant;
BRYAN MILBURN, Lieutenant;
JACKSON, Lieutenant; ANTHONY
DECESARO, Step 3 Grievance
Officer,
Defendants - Appellees.
ORDER AND JUDGMENT *
Before MURPHY, ANDERSON, and HARTZ, 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)(2); 10th Cir. R. 34.1(G). The case 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not binding precedent except under the doctrines of law of the case, res judicata,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. It may be cited, however, for its persuasive value
consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
Keith Brooks, a Colorado prisoner proceeding pro se, appeals the decision
of the United States District Court for the District of Colorado dismissing as
frivolous his complaint brought under 42 U.S.C. § 1983. Exercising jurisdiction
under 28 U.S.C. § 1291, we affirm.
Mr. Brooks’s amended complaint focused on the difference in treatment
accorded prisoners at Colorado’s Limon Correctional Facility depending on
whether they were in the Incentive Unit (IU) program. He alleged that as a
prisoner not in the IU program he was denied due process and equal protection
and was subjected to cruel and unusual punishment because of his reduced access
to various amenities and exercise opportunities. The district court fully explained
why there is no merit to the amended complaint, and we need not repeat its
analysis. On appeal Mr. Brooks further asserts that the district court erred in not
permitting him to amend the complaint. But he fails to explain what he would
have added that would constitute a proper cause of action.
Accordingly, we AFFIRM the judgment below and assess a strike against
Mr. Brooks. We DENY Mr. Brooks’s motion to proceed without prepayment of
costs or fees and order him to remit the full amount of the filing fee immediately.
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We remind him of his obligation to pay the filing fee even on an appeal that has
been dismissed.
ENTERED FOR THE COURT
Harris L Hartz
Circuit Judge
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