Unpublished Dispositionjames Robert Kimsey, Plaintiff-appellant, v. G.e. Martinez, Barbara Moore, Nurse, Sandra Ford, Nurse,defendants-appellees, 836 F.2d 1348 (6th Cir. 1988)

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U.S. Court of Appeals for the Sixth Circuit - 836 F.2d 1348 (6th Cir. 1988) Jan. 11, 1988

Before ENGEL and RYAN, Circuit Judges, and GEORGE CLIFTON EDWARDS, Jr., Senior Judge.


ORDER

This pro se plaintiff, an inmate presently confined at the Lima Correctional Institute (LCI), appeals the district court's dismissal of his civil rights action filed under 42 U.S.C. § 1983. The plaintiff also requests that counsel be appointed on appeal. This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and briefs, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

Seeking declaratory relief and monetary damages, the plaintiff alleged eighth amendment violations by LCI's medical staff. Specifically, he claimed he was receiving substandard and inadequate treatment and that the medical staff was deliberately indifferent to his medical needs. The district court granted the defendants' motion for summary judgment, concluding that the plaintiff failed to demonstrate deliberate indifference to his medical needs. See Estelle v. Gamble, 429 U.S. 97, 107 (1976).

Upon review, we conclude that the district court properly dismissed this complaint for the reasons stated in its April 24, 1987 order. Accordingly, we deny the plaintiff's motion seeking appointment of counsel, and we affirm the judgment of the district court. Rule 9(b) (5), Rules of the Sixth Circuit.

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