R.g. Reynolds, Plaintiff--appellant, v. United States of America, Defendant--appellee, 74 F.3d 1250 (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.

This appeal is from an order of the district court dismissing Reynolds's complaint as frivolous under 28 U.S.C.1915(d). Reynolds appeals. The district court found that the allegations of appellant's complaint all fit within the discretionary function exception to the Federal Tort Claims Act and therefore do not state a claim against the defendant employees of the United States Government. We affirm.

The issues raised in this appeal all relate to decisions made by prison officials with respect to security classifications and placement of inmates within the prison. Clearly, all of the allegations relate to matters that are within the discretion of prison officials, and thus are not valid grounds for suit under the Federal Tort Claims Act. We therefore find no error in the district court's dismissal of the complaint under 28 U.S.C.1915(d) and AFFIRM for substantially the reasons given by the district court.