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Jack Neil Colonna v. Lyn Jorgensen, Warden Richard Elliot, a West Officer Fred Hurst, Deputy Warden
Citations: 953 F.2d 1391; 1992 U.S. App. LEXIS 9221; 1992 WL 14553Docket: 91-4151
Court: Court of Appeals for the Tenth Circuit; January 26, 1992; Federal Appellate Court
Jack Colonna, the plaintiff-appellant, appealed the district court's dismissal of his 42 U.S.C. § 1983 lawsuit against Lyn Jorgensen, Warden of the Utah State Prison, among other defendants. Colonna alleged that he was subjected to cruel and unusual punishment and denied due process during a disciplinary action at the prison. The appeal was submitted without oral argument as the panel found that it would not materially assist in the case's determination. A magistrate judge had previously recommended dismissal under 28 U.S.C. § 1915(d), and both the magistrate and the district court concluded that Colonna failed to present an arguable claim against the defendants. Consequently, the dismissal was affirmed, and the court stated that the order and judgment holds no precedential value except for specific legal doctrines such as res judicata or collateral estoppel. The mandate to implement this decision was issued forthwith.