U.S. Court of Appeals for the Tenth Circuit, 2002

Gunderson v. Uphoff

Gunderson v. Uphoff
U.S. Court of Appeals for the Tenth Circuit · Decided August 23, 2002 · O'Brien, Porfilio, Kane
44 F. App'x 433

Gunderson v. Uphoff

Opinion

ORDER AND JUDGMENT **

JOHN C. PORFILIO, Circuit Judge. 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)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

Appellant Rodney Alan Gunderson, a prisoner of the State of Wyoming appearing pro se, appeals from a jury verdict in favor of appellees on his claims of excessive force, unconstitutional conditions of confinement, and lack of access to the courts filed under 42 U.S.C. § 1983. Appellant’s claims arose when appellees restrained him to cut his hair in accordance with prison policy and then placed him in administrative segregation immediately after the haircut because of his resistance. Appellant asserted that he resisted the haircut based on his religious belief that he should not cut his hair.

On appeal, appellant makes arguments related to default, discovery, witnesses, judicial partiality, and housing during the trial. We have reviewed the briefs in light of the record on appeal and conclude that appellant’s claims of error are waived or are without merit.

The judgment is AFFIRMED. Appellant is reminded that he is obligated to continue making partial payments until the filing fee is paid in full. Appellant’s motion for recusal of Judge Brimmer and Magistrate Judge Beaman is denied. The mandate shall issue forthwith.

**

This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

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