Martinez v. Milyard, No. 11-1239 (10th Cir. 2011)
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Plaintiff-Appellant Richard Martinez appealed the dismissal of his 42 U.S.C. 1983 complaint. Plaintiff filed suit against Kevin Milyard and Susan Jones, his previous and current wardens, respectively. His complaint included a long list of grievances. Plaintiff alleged that prison employees erroneously billed him for repairs and medical services, confiscated his personal items without following the proper procedures, and failed to separate Plaintiff and another inmate after a physical altercation between them. He further contended that prison facilities lacked adequate amenities and that prison staff failed to provide him with time for fresh air and exercise. Finally, Plaintiff alleged that the Colorado Department of Corrections improperly garnished his deposits. Plaintiff's complaint failed, however, to tie any of these specific allegations to Milyard or to Jones. Because Plaintiff failed to advance "a reasoned, nonfrivolous argument on the law and facts in support of the issues raised on appeal," the Tenth Circuit affirmed dismissal of Plaintiff's case.
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