United States Tenth Circuit

In a 42 U.S.C. section 1983 suit against several members of the medical staff at a correctional center claiming that they violated his Eighth Amendment right to be free from cruel and unusual punishment by showing deliberate indifference to his medical condition, dismissal and summary judgment rulings against plaintiff are affirmed where: 1) plaintiff failed to object to the findings and recommendations of a magistrate and thus waived appellate review of both factual and legal questions; 2) no exception to the firm waiver rule applied; and 3) there was no error in denying his motion for a thirty-day extension in which to object to the magistrate judge's report and recommendations.

Appellate Information

• Decided 11/04/2008
• Published 11/05/2008

Judges

• McCONNELL, Circuit Judge., Before TACHA, KELLY and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: , Jessie D. Duffield, Pro Se, Plaintiff-Appellant.


• For Appellees:
  
• Jill Tsiakilos, Assistant Attorney General, Oklahoma City, OK, for Defendants-Appellees.