37 F. 3d 1509 - Lemmons v. Pawnee County Jail

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.

Plaintiff and appellant Tobin Don Lemmons, appearing pro se, appeals the dismissal of his 42 U.S.C.1983 action against the Pawnee County Jail, Sheriff Leroy Bryant, and Undersheriff Charles Thomas. He initiated this action while he was a pretrial detainee in the Pawnee County Jail, seeking damages for alleged (1) failure to provide adequate medical treatment; (2) denial of access to legal materials, a law library and the courts; (3) unauthorized opening of his outgoing and incoming legal mail; (4) denial of access to personal hygiene items; (5) slander; and (6) theft of certain items of personal property.

The district court ordered the preparation of a special report, in accordance with Martinez v. Aaron, 570 F.2d 317, 319 (10th Cir.1978), which the court reviewed in connection with defendants' motion to dismiss the complaint as frivolous under 28 U.S.C.1915(d) or, in the alternative, to grant summary judgment to defendants. Mr. Lemmons filed a motion in response to defendants' motion, but presented no evidence which conflicted with the report. The court granted defendants' motion for summary judgment and dismissed Mr. Lemmons' complaint in an order dated January 31, 1994. Mr. Lemmons appeals that dismissal.

We have carefully reviewed the district court order and the record, and we AFFIRM the January 31, 1994, order dismissing Mr. Lemmons' complaint, for substantially the reasons set forth therein.