Mapp v. Dovala, s. 97-8050
Citation | 138 F.3d 1335 |
Decision Date | 17 March 1998 |
Docket Number | 97-8106,97-8072,Nos. 97-8050,s. 97-8050 |
Parties | 98 CJ C.A.R. 1373 Jody MAPP, Plaintiff-Appellant, v. David DOVALA, individually and in his official capacity as Natrona County Sheriff; Natrona County Board of County Commissioners; William Schreffler, individually and in his official capacity as Natrona County Detention Center Administrator; Daniel R. Potter, individually and in his official capacity as Natrona County Detention Center Correctional Officer; Ernadine Nichols, individually and in his official capacity as Natrona County Detention Center Nursing Supervisor; Butch Jacques, individually and in his official capacity as Natrona County Detention Center Officer; Cheryl Wilson, individually and in his official capacity as Natrona County Detention Center Nurse; Anne Zimmerman, individually and in her official capacity as Natrona County Detention Center Contract Physician; Craig S. Edwards, individually and in his official capacity as Natrona County Detention Center Officer, Defendants-Appellees. Jody MAPP, Plaintiff-Appellant, v. James FERGUSON, individually and in his official capacity as Warden, Wyoming Department of Corrections State Penitentiary; Scott Abbott, Officer, individually and in his official capacity as Corrections Officer, Wyoming Department of Corrections State Penitentiary; Henry I, individually and in his official capacity as Corrections Officer, Wyoming Department of Corrections; Lloyd Lascano, Corporal, individually and in his official capacity as Corrections Officer, Wyoming Department of Corrections; John Perry, individually and in his official capacity as Medical Administrator, Wyoming Department of Corrections State Penitentiary, Defendants-Appellees. Jody MAPP, Plaintiff-Appellant, v. WYOMING DEPARTMENT OF CORRECTIONS HONOR CONSERVATION CAMP SUPERINTENDENT, in his official capacity, also known as Vance Everett, individually; Wyoming Department of Corrections Director, in her official capacity, also known as Judy Uphoff, individually; Wyoming Department of Corrections Honor Conservation |
Court | United States Courts of Appeals. United States Court of Appeals (10th Circuit) |
Before ANDERSON, McKAY, and LUCERO, Circuit Judges.
Jody Mapp appeals the district court's dismissal of three in forma pauperis civil rights actions 1 brought pursuant to 42 U.S.C § 1983. Mapp contends that the district court erred in dismissing Civil Nos. 97-8050 and 97-8106 for failure to state a claim and in dismissing Civil No. 97-8072 for failure to exhaust administrative remedies.
As the record indicates, two of Mapp's current appeals involve cases which were dismissed for failure to state a claim, and, hence, both these actions count as "prior occasions" under 28 U.S.C. § 1915(g). Moreover, a review of four other previously-filed appeals by Mapp indicates at least one prior district court dismissal for failure to state a claim. See Mapp v. Everett, Nos. 96-8097, 96-8112, 1997 WL 447323, at * 1 (10th Cir.1997) ( ).
"Section 1915(g) generally prevents a prisoner from proceeding in forma pauperis in civil actions if three or more of his prior suits have been dismissed as frivolous or malicious, or for failure to state a claim." Green v. Nottingham, 90 F.3d 415, 418 (10th Cir.1996). Accordingly, Mapp cannot file these appeals without prepayment of costs and fees. Therefore, the district court erred in granting Mapp's motions pursuant to § 1915(b), and the appeals were not properly filed pursuant to 28 U.S.C. § 1915(g).
However, even if we were to consider these appeals, we would find no error, substantially for the reasons stated in the district court's orders of May 1997, June 1997, and September 1997. As the district court properly determined, Mapp offers nothing of substance to support his claims. See Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir.1991). Even though we construe a pro se plaintiff's pleadings liberally, we do not assume the role of advocate, and "conclusory allegations without supporting factual averments are insufficient to state a claim on which relief can be based." Id.
Thus, in Civil No. 97-8050, Mapp provides no factual support for his claim that he was racially discriminated against. And, in those instances in which he does provide any facts, he still fails to demonstrate a constitutional violation. For example, his claims regarding denial of access to the courts and inadequate medical treatment do not rise to the level of a constitutional deprivation. See Lewis v. Casey, 518 U.S. 343, ----, 116 S.Ct. 2174, 2180-82, 135 L.Ed.2d 606 (1996) ( ); Farmer v. Brennan, 511 U.S. 825, 837, 114 S.Ct. 1970, 1978-79, 128 L.Ed.2d 811 (1994) ( ). Nor is Mapp's claim relating to loss of personal property or his challenge to the disallowance of good time credits cognizable...
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Jennings v. Natrona County Detention Center Medical Facility, 98-8032
...Young v. Miller, 144 F.3d 1298, 1299 (10th Cir.1998), or the holding in this case, they are overruled. See, e.g., Mapp v. Dovala, 138 F.3d 1335, 1337 (10th Cir.1998).We have circulated this opinion to the en banc court pursuant to our rules. Each member of the en banc court has concurred wi......
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Planning Discovery
...they still must meet the burden of alleging specific facts on which a recognized claim or defense could be based. See Mapp v. Dovala , 138 F.3d 1335, 1337 (10th Cir. 1998); Lattimore v. Polaroid Corp. , 99 F.3d 456, 464 (1st Cir. 1996); Hamlin v. Vaudenberg , 95 F.3d 580, 583 (7th Cir. 1996......
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Planning discovery
...they still must meet the burden of alleging specific facts on which a recognized claim or defense could be based. See Mapp v. Dovala , 138 F.3d 1335, 1337 (10th Cir. 1998); Lattimore v. Polaroid Corp. , 99 F.3d 456, 464 (1st Cir. 1996); Hamlin v. Vaudenberg , 95 F.3d 580, 583 (7th Cir. 1996......