Leon Burdine, Plaintiff-appellant, v. Dr. Bruce Wells, Defendant-appellee, 45 F.3d 439 (10th Cir. 1994)

Mr. Burdine, appearing pro se, appeals from the dismissal of his civil rights complaint, 42 U.S.C.1983, and moves to proceed in forma pauperis on appeal. We review the district court's dismissal pursuant to 28 U.S.C.1915(d) for an abuse of discretion. Denton v. Hernandez, 112 S. Ct. 1728, 1734 (1992). Giving Mr. Burdine's pleadings their mandated liberal construction, we are satisfied that the district court did not abuse its discretion in dismissing the complaint and denying any relief.

Mr. Burdine's complaints that (1) different medical personnel came to different conclusions concerning his proper work classification resulting in disciplinary action when he refused to complete the tasks associated with a less restrictive classification, (2) various medical personnel treated him in a skeptical matter after his complaint concerning a construction explosion, and (3) his reclassification was improper because the work classification at one correctional institution was binding upon another, are not of constitutional dimension.

Mr. Burdine is advancing inarguable claims given the law. See Neitzke v. Williams, 490 U.S. 319 (1989). Under Wilson v. Seiter, 501 U.S. 294 (1991) and Estelle v. Gamble, 429 U.S. 97 (1976), the deliberate indifference standard concerning medical care contains an objective component regarding the seriousness of medical needs, as well as a subjective component requiring that the official act with a culpable state of mind. Miller v. Glanz, 948 F.2d 1562, 1569 (10th Cir. 1991). The latter component is completely missing here. As for Mr. Burdine's claim that he was given a "promissory note" which would protect him from reclassification at another correctional institution, Mr. Burdine has not identified any source which would give rise to a protected liberty or property interest in the work classification decisions of a prior institution. See Hewitt v. Helms, 459 U.S. 460, 467-68 (1983); Moody v. Baker, 857 F.2d 256, 257-58 (5th Cir.), cert. denied, 488 U.S. 985 (1988). See also Wallace v. Robinson, 940 F.2d 243, 246-47 (7th Cir. 1991) (en banc), cert. denied, 112 S. Ct. 1563 (1992).

AFFIRMED. We GRANT Mr. Burdine's motion to proceed in forma pauperis on appeal. The mandate shall issue forthwith.