Adkins v. Koduri, No. 16-3353 (10th Cir. 2017)

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FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS May 16, 2017 TENTH CIRCUIT Elisabeth A. Shumaker Clerk of Court VIOLA ADKINS, Plaintiff - Appellant, v. No. 16-3353 (D.C. No. 5:16-CV-04134-DDC) D. Kansas VINAYA KODURI, Defendant - Appellee. ORDER AND JUDGMENT * Before KELLY, MURPHY, and MATHESON, Circuit Judges. After examining Appellant’s brief and the appellate record, this court has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. Proceeding pro se and in forma pauperis, Viola Adkins appeals the district court’s dismissal of the claims she brought against Vinaya Koduri, a physician * This order and judgment is not binding precedent except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. who, like Adkins, is a citizen of the state of Kansas. In her complaint, Adkins alleged Dr. Koduri lied to her about a cyst and refused to treat her. Concluding it lacked subject matter jurisdiction over Adkins’s claims, the district court dismissed the complaint. It denied Adkins’s subsequent motion for reconsideration. We have jurisdiction over Adkins’s appeal pursuant to 28 U.S.C. § 1291. Upon de novo review of Adkins’s complaint, the magistrate judge’s report and recommendation, the district court’s orders, and the entire record on appeal, this court concludes there was no error in the district court’s disposition of Adkins’s claims and the dismissal of her complaint is affirmed. ENTERED FOR THE COURT Michael R. Murphy Circuit Judge -2-

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