Sammy Alvarez, Also Known As Sammy M. Alvarez, Plaintiff-appellant, v. T. Robley, R. Marr, W. Peeples, T. Cooper, Defendants-appellees, 42 F.3d 1406 (10th Cir. 1994)

ORDER AND JUDGMENT¹ 

After examining the briefs and 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); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.

This appeal is from an order of the district court adopting the recommendation of the United States Magistrate Judge and dismissing petitioner Alvarez's civil rights complaint brought pursuant to 41 U.S.C.1983. Petitioner Alvarez appeals on the grounds that the district court erred in failing to find facts sufficient to constitute a claim of violation of constitutional rights in his allegations regarding prison classification and reclassification and the allegations related to failure of prison officials to adequately review plaintiff's complaints regarding these classifications. We affirm.

Construing plaintiff's complaint liberally as we must, we agree with the magistrate judge and the district court that plaintiff has failed to allege a constitutional interest cognizable under 28 U.S.C.1983. The order of the district court dismissing this action is AFFIRMED for substantially the reasons given by the magistrate judge. The mandate shall issue forthwith.