Patrick Fisher: United States Court of Appeals Tenth Circuit
Patrick Fisher: United States Court of Appeals Tenth Circuit
Patrick Fisher: United States Court of Appeals Tenth Circuit
JAN 27 2000
PATRICK FISHER
TENTH CIRCUIT
Clerk
ROBERT J. JENKINS,
Plaintiff-Appellant,
v.
No. 99-1335
District of Colorado
Defendants-Appellees.
ORDER AND JUDGMENT
in forma
pauperis on appeal, but the district court denied his request. Mr. Jenkins has
renewed his motion with this court. In order to succeed on his motion, Mr.
Jenkins must show both an inability to pay the filing fee and the existence of a
nonfrivolous issue that states a claim on which relief can be granted.
See 28
U.S.C. 1915(e)(2); Coppedge v. United States , 369 U.S. 438, 445 (1962);
Ragan
838.
Construing Mr. Jenkins pro se complaint liberally,
Dept. of Corrections , 165 F.3d 803, 806 (10th Cir. 1999), he alleges the
following: he was assaulted by a fellow inmate during a basketball game and, as
a result, suffered serious injuries to his leg; the security camera on the basketball
court was broken at the time of the assault, thereby facilitating the attack and; in
an unrelated incident, a Denver County Jail Sheriff Deputy assaulted an inmate.
See Prisoners Civil Rights Complaint, May 10, 1999, at 3. Mr. Jenkins also
3
states in his complaint that he is under the understanding the law enforcement
officers will have inmates with a violent criminal history to due there [sic] dirty
work for them in return for a favor.
Compare Snider v.
Dylag , 188 F.3d 51, 54 (2d Cir. 1999) (reversing dismissal of 1983 action
alleging Eighth Amendment violation where plaintiff alleged that prison official
declared open season on him, affirmatively announcing to other inmates that he
would not impede their abuse of plaintiff);
Mitchell
Robert H. Henry
Circuit Judge