Jones v. Cummings ( 1997 )

F I L E D
United States Court of Appeals
Tenth Circuit
OCT 6 1997
UNITED STATES COURT OF APPEALS
TENTH CIRCUIT PATRICK FISHER
Clerk
JAMES R. JONES,
Plaintiff - Appellant, No. 97-3185
v. D. Kansas
WILLIAM L. CUMMINGS, Secretary (D.C. No. 96-CV-3576)
of Corrections; BRUCE WELLS,
Medical Doctor,
Defendants - Appellees.
ORDER AND JUDGMENT *
Before ANDERSON, HENRY, and BRISCOE, 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. This 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This order and judgment is not binding precedent, except under the doctrines of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.
James R. Jones, an inmate at the Winfield Correctional Facility, appeals
from the dismissal, for failure to state a claim, of his civil rights action against
various corrections personnel, pursuant to 42 U.S.C. § 1983. In his action
Mr. Jones alleges that his Eighth Amendment right to be free from cruel and
unusual punishment has been violated because the defendants refused, among
other things, to operate on his hand.
We have carefully reviewed the file and conclude that the district court was
correct, substantially for the reasons set forth in the district court’s order filed
May 19, 1997. We also conclude that this appeal fails to state a claim under 28
U.S.C. § 1915(e)(2)(B)(ii) for purposes of counting prior occasions under 28
U.S.C. § 1915(g).
DISMISSED. The mandate shall issue forthwith.
ENTERED FOR THE COURT
Stephen H. Anderson
Circuit Judge
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