Harvey G. Wilson, Plaintiff-appellant, v. Mike Bowers, Edward L. Evans, and Dolores Ramsey,defendants-appellees, 28 F.3d 114 (10th Cir. 1994)

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US Court of Appeals for the Tenth Circuit - 28 F.3d 114 (10th Cir. 1994) July 7, 1994

Before LOGAN, SETH and BARRETT, Circuit Judges.


BARRETT

ORDER AND JUDGMENT1 

After examining the briefs and the 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); Tenth Cir. R. 34.1.9. The cause is therefore ordered submitted without oral argument.

Harvey G. Wilson, a prisoner of the Oklahoma Department of Corrections, appearing pro se, appeals from the district court's order granting summary judgment in favor of the defendants and dismissing Wilson's 42 U.S.C.1983 complaint and action.

Plaintiff alleged that his constitutional rights were violated in the course of prison disciplinary proceedings brought against him. He contends that: defendant Bowers falsely accused him of menacing; defendant Evans failed to conduct a proper investigation by refusing to administer a polygraph examination of Bowers; and, defendant Ramsey's review of his misconduct appeal was biased.

The magistrate judge had before him a court-ordered Special Report filed pursuant to Martinez v. Aaron, 570 F.2d 317 (10th Cir. 1978). The district court adopted the magistrate judge's Report and Recommendation in its entirety.

On appeal, Wilson contends that his Eighth and Fourteenth Amendment rights have been violated and that the case should be reversed and remanded for a jury trial.

We affirm for substantially the reasons set forth in the Report and Recommendation of United States Magistrate Judge Gary M. Purcell dated March 18, 1994. (R., Vol. I, Tab 23).

AFFIRMED.

 1

This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of the court's General Order filed November 29, 1993. 151 F.R.D. 470