Unpublished Dispositionivan Tony Lappin, Plaintiff-appellant, v. Gary Livesay, Steve Norris, Defendants,dr. Anderson, Willie Angel, Dr. Lecorps and Dr. Calhoun,defendants-appellees, 842 F.2d 332 (6th Cir. 1988)

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US Court of Appeals for the Sixth Circuit - 842 F.2d 332 (6th Cir. 1988) March 22, 1988

Before ENGEL, MERRITT and KRUPANSKY, Circuit Judges.


ORDER

This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon review of the record and the briefs, the panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

This pro se Tennessee prisoner appeals the dismissal of his civil rights action filed pursuant to 42 U.S.C. § 1983.

Upon review, we conclude that plaintiff failed to state a claim of an eighth amendment violation cognizable under 42 U.S.C. § 1983. Estelle v. Gamble, 429 U.S. 97, 106 (1976). Accordingly, plaintiff's motion for appointment of counsel is denied, and the summary judgment entered by the district court on July 9, 1987, is hereby affirmed. Rule 9(b) (5), Rules of the Sixth Circuit.

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