Steven M. Tuller, A/k/a Steven Michael Tuller, Plaintiff-appellant, v. Aristedes W. Zavaras, Donice Neal, Gary Watkins, Lorrainediaz, Evelyn Fish, Robert D. Miller, Dr.,defendants-appellees, 105 F.3d 670 (10th Cir. 1996)

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.

Mr. Tuller is a state inmate and pro se litigant. The district court granted an adverse summary judgment and allowed Mr. Tuller to appeal in forma pauperis. We affirm the summary judgment granted by the district court.¹ 

Mr. Tuller commenced this civil rights action against several prison officials. Defendants moved for summary judgment with supporting evidentiary materials. In a ten-page recommendation, the magistrate judge recommended the motion be granted. The district court reviewed the recommendation de novo and granted the motion. Attached hereto is a copy of the recommendation and the order.

Mr. Tuller appeals the order of the trial court and asserts: (1) He is "locked up in administrative segregation and has no ability to investigate the facts"; and (2) the trial court did not give Mr. Tuller an opportunity "to submit his motion and brief in opposition to defendants various motions for summary judgment."

The record on appeal does not support Mr. Tuller. In fact, it shows the contrary.

The judgment of the district court is AFFIRMED for substantially the same reasons set forth in the magistrate judge's recommendations and the district court's order.