Frischenmeyer v. Gonzales

F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
JUL 17 1998
FOR THE TENTH CIRCUIT
PATRICK FISHER
Clerk
MICHAEL J. FRISCHENMEYER,
Plaintiff-Appellant,
v. No. 97-2010
(D.C. No. CIV-96-110-JP)
FRANK GONZALES, McKinley (D.N.M.)
County Sheriff; and DANNY ROSS,
Police Chief, Gallup, N.M.,
Defendants-Appellees.
ORDER AND JUDGMENT *
Before BALDOCK , EBEL , 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 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This order and judgment is not binding precedent, except under the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. 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-Appellant Michael J. Frischenmeyer appeals from the district
court’s order granting summary judgment to defendants-appellees on his
complaint pursuant to 42 U.S.C. § 1983. He raises the following issues: (1) he
has demonstrated actual injury resulting from the denial of access to a law library;
(2) he was entitled to exercise outdoors; and (3) he was placed in administrative
segregation without due process of law.
Having reviewed the record, the briefs and the pertinent authorities, we do
not find any reversible error in the district court’s order awarding summary
judgment to defendants-appellees. The judgment of the United States District
Court for the District of New Mexico is therefore AFFIRMED.
Entered for the Court
Bobby R. Baldock
Circuit Judge
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