United States Tenth Circuit

In an action challenging various conditions of plaintiff's confinement at the James Crabtree Correctional Center (JCCC), a prison in the Oklahoma Department of Corrections (ODOC), the dismissal of the action is affirmed where: 1) the district court did not err in concluding that plaintiff failed to exhaust his administrative remedies when he did not properly complete all three required written steps; 2) plaintiff's allegations were insufficient to establish fraud on the court because, at most, they showed the nondisclosure of evidence or the alteration of evidence by a party, with no showing of attorney involvement; and 3) it is difficult to see how there could be actionable fraud on the court if the district court had before it the correct documents when it made its final decision.

Appellate Information

• Decided 06/23/2010
• Published 06/23/2010

Judges

• BALDOCK, Circuit Judge., Before BRISCOE, Chief Judge, BALDOCK, and TACHA, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: Jerry L. Thomas, Pro se Appellant.


• For Appellees:
  
• Jill Tsiakilos, Assistant Attorney General, Oklahoma Attorney General's Office Litigation Section, Oklahoma City, OK, for Defendants-Appellees.