17 F. 3d 1436 - Cisneros v. W Zavaras

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.

Jeffrey Cisneros appeals the dismissal of his civil rights complaint against two officials of the Colorado Department of Corrections. Mr.Cisneros' complaint lists five causes of action, all based upon his placement in administrative segregation following 45 days in punitive segregation for use or possession of drugs and an assault on staff. He characterizes administrative segregation as the functional equivalent of punitive segregation because it involves numerous and severe restrictions, which Mr.Cisneros describes in detail. Because of the restrictive nature of his administrative segregation, and the fact that it functionally extends the 45 days of punishment which he served in punitive segregation, Mr. Cisneros alleges double jeopardy, cruel and unusual punishment, denial of due process and equal protection, discrimination, denial of access to the courts, and a denial of "meaningful segregation status review and appeal." R.Vol. I, Tab 3 at 4(a).

We have carefully reviewed the record and AFFIRM the district court's order of dismissal, substantially for the reasons set forth in the magistrate judge's Report and Recommendation filed on September 23, 1993, which was adopted by the district court in its Order filed on October 28, 1993.