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  • Jack Neil Colonna v. Lyn Jorgensen, Warden Richard Elliot, A West Officer Fred Hurst, Deputy Warden, 953 F.2d 1391, 10th Cir. (1992)

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    This document is a court order from the United States Court of Appeals for the Tenth Circuit regarding a case brought by Jack Colonna under 42 U.S.C. § 1983 against the warden of the Utah State Prison. The district court had dismissed Colonna's complaint. The appellate court determined that oral arguments were not necessary and that Colonna failed to make an arguable claim against prison officials for either damages or injunctive relief. As such, the appellate court affirmed the district court's dismissal of the complaint under 28 U.S.C. § 1915(d).

    Original Description:

    Filed: 1992-01-27 Precedential Status: Precedential Citations: 953 F.2d 1391 Docket: 91-4151

    Original Title

    Jack Neil Colonna v. Lyn Jorgensen, Warden Richard Elliot, a West Officer Fred Hurst, Deputy Warden, 953 F.2d 1391, 10th Cir. (1992)

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    This document is a court order from the United States Court of Appeals for the Tenth Circuit regarding a case brought by Jack Colonna under 42 U.S.C. § 1983 against the warden of the Utah State Prison. The district court had dismissed Colonna's complaint. The appellate court determined that oral arguments were not necessary and that Colonna failed to make an arguable claim against prison officials for either damages or injunctive relief. As such, the appellate court affirmed the district court's dismissal of the complaint under 28 U.S.C. § 1915(d).

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    6 views2 pages

    Jack Neil Colonna v. Lyn Jorgensen, Warden Richard Elliot, A West Officer Fred Hurst, Deputy Warden, 953 F.2d 1391, 10th Cir. (1992)

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    Scribd Government Docs
    This document is a court order from the United States Court of Appeals for the Tenth Circuit regarding a case brought by Jack Colonna under 42 U.S.C. § 1983 against the warden of the Utah State Prison. The district court had dismissed Colonna's complaint. The appellate court determined that oral arguments were not necessary and that Colonna failed to make an arguable claim against prison officials for either damages or injunctive relief. As such, the appellate court affirmed the district court's dismissal of the complaint under 28 U.S.C. § 1915(d).

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    of 2

    953 F.

    2d 1391
    NOTICE: Although citation of unpublished opinions remains unfavored,
    unpublished opinions may now be cited if the opinion has persuasive value on a
    material issue, and a copy is attached to the citing document or, if cited in oral
    argument, copies are furnished to the Court and all parties. See General Order of
    November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or
    further order.

    Jack Neil COLONNA, Plaintiff-Appellant,


    v.
    Lyn JORGENSEN, Warden; Richard Elliot, A West Officer;
    Fred Hurst, Deputy Warden, Defendants-Appellees.
    No. 91-4151.

    United States Court of Appeals, Tenth Circuit.


    Jan. 27, 1992.

    Before JOHN P. MOORE, TACHA and BRORBY, Circuit Judges.


    ORDER AND JUDGMENT*
    TACHA, Circuit Judge.

    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.

    This order and judgment has no precedential value and shall not be cited, or
    used by any court within the Tenth Circuit, except for purposes of establishing
    the doctrines of the law of the case, res judicata, or collateral estoppel. 10th
    Cir.R. 36.3

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