Antonio G. Nunez Plaintiff-appellant, v. Dr. Grayson, Adams County Sheriff's Department, State Ofcolorado, Defendants-appellees, 56 F.3d 78 (10th Cir. 1995)

ORDER AND JUDGMENT¹ 

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 Antonio G. Nunez, proceeding pro se, filed this 42 U.S.C.1983 complaint asserting he received inadequate medical treatment while an inmate at Adams County Colorado Detention Center. He asserts the lack of adequate medical treatment violated his Eighth Amendment protection against cruel and unusual punishment.

The matter was referred to the magistrate judge who issued a recommendation that the complaint be dismissed with prejudice. Plaintiff failed to timely object to the recommendation, and the district court adopted that recommendation. See United States v. Raddatz, 447 U.S. 667, 673-74 (1980). The district court ruled that the complaint was frivolous under 28 U.S.C.1915(d), and ordered the action dismissed.

On appeal plaintiff argues that the district court erred in denying him relief without a hearing. We have reviewed the briefs and the record and cannot add significantly to the analysis in the magistrate judge's recommendation of July 18, 1994, adopted by the district court. We therefore AFFIRM dismissal of plaintiff's complaint for substantially the reasons stated therein.

AFFIRMED.

The mandate shall issue forthwith.