42 F. 3d 1406 - Lopez v. L Henman

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 appeal is from an order of the district court dismissing plaintiff Lopez's action alleging that the defendants conspired to subject him to retaliation, cruel and unusual punishment, and deliberate indifference to his medical needs, and provided him with inadequate medical treatment by failing to obtain requested medication. The district court granted defendant's motion for summary judgment. We affirm.

This action arose out of an incident that occurred while plaintiff was incarcerated at the United States Penitentiary in Leavenworth, Kansas. Plaintiff cut himself on the arm and sought a prescription for a psychiatric medication. He was advised to process his request through the prison's sick-call procedures for renewal of the prescription. Following an administrative grievance proceeding regarding a one-day delay in filling the prescription after it had expired, the administrative grievance determination was that the short delay did not cause any injury to plaintiff. In this action plaintiff alleges numerous constitutional violations related to the interruption of his medication and the treatment by prison officials.

We agree with the district court that plaintiff has failed to present material issues of fact that would support his allegation of constitutional injury. We therefore AFFIRM for substantially the reasons given by the district court. The mandate shall issue forthwith.