Hunt v. Downing

• Court: Court of Appeals for the Tenth Circuit
• Decided: April 24, 1997
• Docket: 96-3153
• Status: Published

Opinion

F I L E D United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS APR 24 1997 TENTH CIRCUIT PATRICK FISHER Clerk

JERRY L. HUNT, II,

Plaintiff-Appellant, v. No. 96-3153 KURTIS DOWNING, Youth Center (D.C. No. 96-3167-GTV) Worker, Atchison, KS; YOUTH CENTER (District of Kansas) AT ATCHISON; PEGGY ROPER, Youth Center Worker, Atchison, KS,

Defendants-Appellees.

ORDER DENYING LEAVE TO APPEAL WITHOUT PAYMENT OF FEES

Before SEYMOUR, Chief Judge; PORFILIO, Circuit Judge; and MURPHY, Circuit Judge.

Jerry L. Hunt, II, has filed an application with this court to be allowed to appeal

without payment of fees. Although he has not complied with the provisions of 28 U.S.C.

§ 1915(a)(2), we nonetheless deny his application on the ground the appeal is legally

frivolous. 28 U.S.C. § 1915(e)(2)(B)(i). Mr. Hunt filed an action claiming his civil rights had been violated by defendants

because while he was detained in a state juvenile facility in 1993, they made him sleep

one night in “urinated sheets” as punishment for intentionally soiling the bed covers. The

district court dismissed the complaint because it was frivolous and failed to state a claim

under the Eighth Amendment, finding plaintiff alleged no facts showing defendants had

acted with deliberate indifference and for the purpose of inflicting unnecessary and

wanton infliction of pain. Farmer v. Brennan, 511 U.S. 825 (1994): Rhodes v.

Chapman, 452 U.S. 337, 346-47 (1981). We agree with this analysis.

The application to appeal without payment of fees is DENIED, and the appeal is

DISMISSED.

ENTERED FOR THE COURT

John C. Porfilio Circuit Judge

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