Robert Wojtkiewicz, Plaintiff-appellant, v. Aristedes W. Zavaras, Executive Director, Coloradodepartment of Corrections; Robert Hickox, Superintendent,delta Correctional Center; Sue Worthington, Clyde Stahl,garth Yergensen, Mary White, Jack Lonis, Ron Bonine, Vernneuberger, Delta Correctional Center, All in Theirindividual Capacities, Defendants-appellees, 89 F.3d 852 (10th Cir. 1996)

Mr. Wojtkiewicz appeals from the dismissal of his civil rights complaint and action brought pursuant to 42 U.S.C. § 1983. He alleges that his placement on restricted privileges "Level B" status violated his due process rights and constituted cruel and unusual punishment under the Eighth Amendment. It is clear, however, that neither the Colorado Revised Statute cited nor the Due Process Clause provide Mr. Wojtkiewicz the necessary liberty interest to support his due process claim. See Sandin v. Conner, 115 S. Ct. 2293 (1995); Templeman v. Gunter, 16 F.3d 367, 369 (10th Cir. 1994). Moreover, Mr. Wojtkiewicz's allegations regarding the limitation of his activities do not meet the objective and subjective components which must be present to maintain an action predicated upon a violation of the Eighth Amendment. See Wilson v. Seiter, 501 U.S. 294, 298 (1991). We need not address the argument raised in Mr. Wojtkiewicz's brief regarding whether defendants are sued in their official or individual capacity as we have determined that the claims raised lack merit.

AFFIRMED. We GRANT Mr. Wojtkiewicz's Motion for Leave to Proceed on Appeal Without Prepayment of Costs or Fees. The mandate shall issue forthwith.