Hinzo v. New Mexico Corrections Department, 031114 FED10, 13-2060

Docket Nº:13-2060
Opinion Judge:Robert E. Bacharach Circuit Judge
Party Name:JUSTIN JAMES HINZO, Plaintiff - Appellant, v. NEW MEXICO CORRECTIONS DEPARTMENT; JOE WILLIAMS; GEORGE TAPIA; WEXFORD HEALTH SOURCES, INC.; CORRECTIONAL MEDICAL SERVICES, INC.; DR. FNU ARNOLD; DR. WILLIAM MIZELL; DR. TONY LNU; DR. DEBRA CLYDE; DR. JOHN STOVER; DR. JOHN DOE (L.C.C.F.); DR. JOHN DOE (C.N.M.C.F.); DR. JOHN DOE (W.N.M.C.F.); DAVID GONZA
Judge Panel:Before LUCERO, Circuit Judge, BRORBY, Senior Circuit Judge, and BACHARACH, Circuit Judge.
Case Date:March 11, 2014
Court:United States Courts of Appeals, Court of Appeals for the Tenth Circuit
 
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JUSTIN JAMES HINZO, Plaintiff - Appellant,

v.

NEW MEXICO CORRECTIONS DEPARTMENT; JOE WILLIAMS; GEORGE TAPIA; WEXFORD HEALTH SOURCES, INC.; CORRECTIONAL MEDICAL SERVICES, INC.; DR. FNU ARNOLD; DR. WILLIAM MIZELL; DR. TONY LNU; DR. DEBRA CLYDE; DR. JOHN STOVER; DR. JOHN DOE (L.C.C.F.); DR. JOHN DOE (C.N.M.C.F.); DR. JOHN DOE (W.N.M.C.F.); DAVID GONZALES, Correctional Officer; WAYNE GALLEGOS; LIANE LOPEZ, R.N.; JERRY ROARK (Deputy Warden); LAWRENCE JARAMILLO, Warden P.N.M.; G.E.O., Defendants-Appellees.

No. 13-2060

United States Court of Appeals, Tenth Circuit

March 11, 2014

D.C. No. 1:10-CV-00506-CG, D. N.M.

Before LUCERO, Circuit Judge, BRORBY, Senior Circuit Judge, and BACHARACH, Circuit Judge.

ORDER AND JUDGMENT [*]

Robert E. Bacharach Circuit Judge

Mr. Justin James Hinzo, a state prisoner, sued the New Mexico Corrections Department, Wexford Health Sources, Inc., Correctional Medical Services, Inc., G.E.O., and fifteen individuals. Invoking 42 U.S.C. § 1983 and state law, Mr. Hinzo alleges violations of the Eighth Amendment and negligence. The district court entered judgment for the defendants on the federal claims and declined to exercise supplemental jurisdiction over the state-law claims. Mr. Hinzo appeals and moves for leave to proceed in forma pauperis. We affirm the district court's judgment, but grant Mr. Hinzo's motion to proceed in forma pauperis.

Background

In 2004, while incarcerated, Mr. Hinzo slipped and hurt his back while climbing off his top bunk bed. In 2009, less than two days after undergoing back surgery, he sustained a second back injury while riding in a van driven by Corrections Officer David Gonzales. Later, Mr. Hinzo fell on icy prison steps, which aggravated his back problems. He ultimately sued, filing a third amended complaint in which he complained about unsafe conditions and inadequate medical care.

On screening, the district court dismissed the Eighth Amendment claims against the state corrections department and five of its employees. The court also expressed concern that some of Mr. Hinzo's claims might be barred by a three-year statute of limitations. With this concern, the court ordered Mr. Hinzo to submit evidence to justify tolling on the claims arising before December 31, 2006.

The New Mexico Corrections Department, Wexford, and Correctional Medical Services submitted investigative reports, but...

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