Jerry L. Hunt, II v. Kurtis Downing, Youth Ctr. Worker, Atchison, Ks Youth Ctr. at Atchison Peggy Roper, Youth Ctr. Worker, Atchison, Ks, 112 F.3d 452 (10th Cir. 1997). · Go Syfert
Search
Jerry L. Hunt, II v. Kurtis Downing, Youth Ctr. Worker, Atchison, Ks Youth Ctr. at Atchison Peggy Roper, Youth Ctr. Worker, Atchison, Ks, 112 F.3d 452 (10th Cir. 1997). Cases Citing This Book View Copy Cite
9 citation events (7 in the last 25 years) across 1 distinct court.
Strongest positive: Miles v. State of Kansas (ca10, 2019-05-16)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited "see" Miles v. State of Kansas
10th Cir. · 2019 · signal: see · confidence high
See Hunt v. Downing, 112 F.3d 452, 453 (10th Cir. 1997) (denying an application to proceed in forma pauperis and dismissing an appeal when the appeal is frivolous); 28 U.S.C. § 1915 (e)(2)(B)(i) (requiring dismissal of a frivolous appeal).
cited Cited "see" Mendoza v. Trump
10th Cir. · 2018 · signal: see · confidence high
See Hunt v. Downing, 112 F.3d 452, 453 (10th Cir. 1997).
discussed Cited "see" Kenney v. SSA ODAR Hearing (2×)
10th Cir. · 2016 · signal: see · confidence high
See Hunt v. Downing, 112 F.3d 452, 453 (10th Cir. 1997).
discussed Cited "see" Greenlee v. United States Postal Service (2×)
10th Cir. · 2009 · signal: see · confidence high
See Hunt v. Downing, 112 F.3d 452, 453 (10th Cir. 1997).
cited Cited "see" Bradshaw v. United States
10th Cir. · 2001 · signal: see · confidence high
See Hunt v. Downing, 112 F.3d 452 (10th Cir.1997) (denying application on ground that appeal was “legally frivolous” under 28 U.S.C. § 1915 (e)(2)(B)(i)).
cited Cited "see, e.g." Ricks v. Mackey
10th Cir. · 1998 · signal: see also · confidence medium
Id.; see also Hunt v. Downing, 112 F.3d 452, 453 (10th Cir. 1997); Grimsley v. MacKay, 93 F.3d 676, 680-81 (10th Cir. 1996); Adkins v. Rodriguez, 59 F.3d 1034, 1037 (10th Cir. 1995).
discussed Cited "see, e.g." John Michael Ricks v. (Nfn) MacKey Lt. Col., Director of Treatment Programs, Usdb Ft. Leavenworth
10th Cir. · 1998 · signal: see also · confidence medium
Id.; see also Hunt v. Downing, 112 F.3d 452, 453 (10th Cir.1997); Grimsley v. MacKay, 93 F.3d 676, 680-81 (10th Cir.1996); Adkins v. Rodriguez, 59 F.3d 1034, 1037 (10th Cir.1995). 10 We agree with the district court that the Farmer standard was not satisfied. 4 Furthermore, Ricks does not state what facts he would allege to further support his claims had the district court allowed him the opportunity to amend his complaint, and the factual allegations he does make are vague and conclusory.
Retrieving the full opinion text from the archive…
Jerry L. HUNT, II, Plaintiff-Appellant,
v.
Kurtis DOWNING, Youth Center Worker, Atchison, KS; Youth Center at Atchison; Peggy Roper, Youth Center Worker, Atchison, KS, Defendants-Appellees
96-3153.
Court of Appeals for the Tenth Circuit.
Apr 24, 1997.
112 F.3d 452
1997 U.S. App. LEXIS 8248
1997 WL 200033
Seymour, Porfilio, Murphy.
Cited by 7 opinions  |  Published

ORDER DENYING LEAVE TO APPEAL WITHOUT PAYMENT OF FEES

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, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994): Rhodes v. Chapman, 452 U.S. 337, 346-47, 101 S.Ct. 2392, 2399, 69 L.Ed.2d 59 (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:

/s/ John C. Porfilio

Circuit Judge