Unpublished Dispositionroger Lyle, Plaintiff-appellant, v. Anne Cords, Dental Clinic, Rosco, Jackson Prison Guard,defendants-appellees, 915 F.2d 1572 (6th Cir. 1990)

ORDER

Roger Lyle (Lyle), a pro se Michigan prisoner, appeals from the amended judgment of the district court dismissing defendant Rosco and granting summary judgment in favor of defendant Cords in this civil rights case. 42 U.S.C. § 1983. The case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and briefs, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

Lyle contended that his eighth and fourteenth amendment rights were violated by a prison guard and a dental clinic employee. The district court dismissed the guard without prejudice because the guard had not been served a complaint or summons. See Fed. R. Civ. P. 4(a). The court then granted summary judgment in favor of the clinic employee. See Fed. R. Civ. P. 56(c). Finally, the court dismissed the pendent state claim. See United Mine Workers v. Gibbs, 383 U.S. 715, 726 (1966).

Upon review, we find no error. Accordingly, we hereby affirm the amended judgment of the district court for the reasons set forth in the district court's opinions dated October 12, 1989, and November 17, 1989. Rule 9(b) (5), Rules of the Sixth Circuit.