953 F. 2d 1391 - Colonna v. Jorgensen a

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.

Plaintiff Jack Colonna appeals the district court's dismissal of his suit brought under 42 U.S.C. § 1983 against defendant Jorgensen, Warden of the Utah State Prison (USP). Plaintiff alleges on appeal that the district court failed to give proper consideration to the allegations in his complaint. The district court dismissed the complaint under 28 U.S.C. § 1915(d).

Plaintiff alleges generally in his complaint that officials of USP subjected him to cruel and unusual punishment and denied him due process of law in connection with events surrounding a disciplinary action at USP. The case was referred to a magistrate judge who recommended that the case be dismissed under 28 U.S.C. 1915(d). We agree with the magistrate judge and the district court that plaintiff has wholly failed to make an arguable claim against defendant or against any other prison official under 42 U.S.C. § 1983 for either damages or injunctive relief. Therefore, plaintiff's complaint was properly dismissed under 28 U.S.C. § 1915(d). AFFIRMED. The mandate shall issue forthwith.