Alfred Torres, Plaintiff-appellant, v. City of Albuquerque, Berna-lillo County Detention Centerjohn Dantis, Director, Bcdc, B. Montoya, Correctionsofficer, Bcdc, Ray A. Martinez, Corrections Officer, Bcdc,john Doe, Doctor, Bcdc, in Their Individual and Officialcapacities, Defendants-appellees,, 56 F.3d 78 (10th Cir. 1995)

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US Court of Appeals for the Tenth Circuit - 56 F.3d 78 (10th Cir. 1995) June 6, 1995

Before MOORE, BARRETT and EBEL, Circuit Judges.


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 cause is therefore ordered submitted without oral argument.

This is an appeal from an order dismissing appellant's pro se 42 U.S.C.1983 complaint as frivolous under the authority of 28 U.S.C.1915(d). We agree with the district court's analysis that the complaint failed to raise issues of a constitutional magnitude and was therefore legally frivolous.

The judgment of the district court is AFFIRMED for the reasons stated in its Memorandum Opinion and Orders. Also see, Wilson v. Seiter, 111 S. Ct 2321, 2324 (1991), and Miller v. Glanz, 948 F.2d 1562, 1569 (10th Cir. 1991).


This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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