(DOWNLOAD) "Avila v. Bost" by United States Court of Appeals for the Tenth Circuit # eBook PDF Kindle ePub Free

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eBook details

Title: Avila v. Bost
Author : United States Court of Appeals for the Tenth Circuit
Release Date : January 14, 1994
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 47 KB

Description

Order AND JUDGMENT 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. This cause is
therefore ordered submitted without oral argument. La-Rye Avila, a prisoner at Centennial Correctional Facility, filed a civil rights complaint pursuant to 42 U.S.C. 1983 alleging
that the defendants have violated his Eighth Amendment right to be free from cruel and unusual punishment by refusing to provide
him with a diet which he claims is medically necessary. On June 18, 1993, the magistrate Judge conducted a "Martinez " hearing.
Thereafter, on June 30, 1993, the magistrate Judge recommended that Avila's complaint be dismissed. Following a de novo review
of the record the district court adopted that recommendation, and on July 28, 1993, issued its order dismissing the complaint.
Both the magistrate Judge's recommendation and the district court's order use language relating to Fed. R. Civ. P. 56, as
well as 28 U.S.C. 1915(d).

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