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Filed: Patrick Fisher
Filed: Patrick Fisher
MAY 6 1998
PATRICK FISHER
TENTH CIRCUIT
Clerk
No. 97-1432
(D. Colorado)
Defendants - Appellees.
ORDER AND JUDGMENT *
Before ANDERSON, McKAY, and LUCERO, 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 case is therefore
ordered submitted without oral argument.
This order and judgment is not binding precedent, except under the doctrines of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 10th Cir. R. 36.3.
*
Monte Lee Bridges appeals the district courts dismissal of his civil action
brought pursuant to 42 U.S.C. 1983. Bridges contends the district court erred in
finding that his claim that the defendants were deliberately indifferent to his
serious medical needs was frivolous and failed to state a claim. We grant
Bridges motion to proceed in forma pauperis and dismiss the appeal.
The facts are fully set forth in the district courts order. See R. Vol. I, Doc.
9. Briefly, Bridges chief complaint is that doctors at the Florence Correctional
Institution have refused to continue prescribing Xanax (to which he had become
addicted) for his anxiety disorder, and that he consequently suffers numerous
anxiety symptoms, including breakouts of itching rashes which he scratches
uncontrollably. Additionally, he complains of high blood pressure, foot problems,
back and neck problems, and stomach pain, which he claims the doctors have
either failed to treat or have inadequately treated. However, he acknowledges that
he has been given a sleeping medication which he dislikes, that he receives high
blood pressure medication, that he was given a cane, and that he was offered a
new medication for his anxiety/depression.
In this case, the district court dismissed Bridges action pursuant to 28
U.S.C. 1915(e)(2)(B) as legally frivolous and for failure to state a claim. We
review the district court's dismissal for frivolousness under 1915 for an abuse of
discretion. Denton v. Hernandez, 504 U.S. 25, 33 (1992). Although recent
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See Dahler v. Goodman, No. 97-3177, 1998 WL 67359, at *2 (10th Cir. Feb. 19,
1998) for a list of other unpublished cases that have noted, but not decided, the question.
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