Richard Martinez v. Central New Mexico Correctional Facility, Joyce Kurht, Director of Nursing Lawrence Mason, DR., 996 F.2d 311, 10th Cir. (1993)
Richard Martinez v. Central New Mexico Correctional Facility, Joyce Kurht, Director of Nursing Lawrence Mason, DR., 996 F.2d 311, 10th Cir. (1993)
Richard Martinez v. Central New Mexico Correctional Facility, Joyce Kurht, Director of Nursing Lawrence Mason, DR., 996 F.2d 311, 10th Cir. (1993)
2d 311
NOTICE: Although citation of unpublished opinions remains unfavored,
unpublished opinions may now be cited if the opinion has persuasive value on a
material issue, and a copy is attached to the citing document or, if cited in oral
argument, copies are furnished to the Court and all parties. See General Order of
November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or
further order.
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 cause is
therefore ordered submitted without oral argument.
Both parties filed for summary judgment and the district court denied the
motions. In doing so, the court ordered defendants "to investigate the incidents
which form the bases for the lawsuit and to submit a report (Martinez report)."
Rec., vol. II, doc. 29 at 7. After defendants filed the report, Mr. Martinez
responded with timely objections. The court then sua sponte reconsidered
defendants' summary judgment motion. The court found that, taking the
statements in Mr. Martinez' response to defendants' report as true, Mr. Martinez
did not state a claim for deliberate indifference. Rather, he "demonstrate[d] only
differences of opinion as to the appropriate treatment of Mr. Martinez's back
condition." Rec., vol. II, doc. 33 at 2.
The opinion of the district court is AFFIRMED. The mandate shall issue
forthwith.
This order and judgment has no precedential value and shall not be cited, or
used by any court within the Tenth Circuit, except for purposes of establishing
the doctrines of the law of the case, res judicata, or collateral estoppel. 10th
Cir.R. 36.3