Richard Lamphere v. John Mathes

U.S. Court of Appeals for the Eighth Circuit
Richard Lamphere v. John Mathes, 13 F. App'x 435 (8th Cir. 2001)

Richard Lamphere v. John Mathes

Opinion

PER CURIAM.

Iowa inmate Richard Lamphere appeals the 28 U.S.C. § 1915A(b) dismissal of Lamphere’s civil rights complaint against prison officials for transferring him to another prison and reducing his class status. Having reviewed the record, we conclude the district court properly dismissed Lamphere’s complaint for the reasons explained in the court’s order. See Sandin v. Conner, 515 U.S. 472, 483-84, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995); Cooper v. Schriro, 189 F.3d 781, 783 (8th Cir. 1999) (per curiam); Goff v. Burton, 91 F.3d 1188, 1191 (8th Cir. 1996). Although Lamphere complains the district court did not permit him to amend his complaint before dismissal, he did not seek leave to amend. See Christiansen v. Clarke, 147 F.3d 655, 657-58 (8th Cir.), cert. denied 525 U.S. 1023, 119 S.Ct. 554, 142 L.Ed.2d 461 (1998). The court also did not abuse its discretion when it refused to appoint counsel for Lamphere. See Johnson v. Williams, 788 F.2d 1319, 1322-23 (8th Cir. 1986).

Accordingly, we affirm. See 8th Cir. R. 47B. We also deny Lamphere’s pending motion for appointment of counsel.

Reference

Full Case Name
Richard LAMPHERE, Appellant, v. John MATHES; John F. Ault; Kris Weitzell; Dennis E. Potter; Bob Coady; Jeff Panken, Capt.; T. Sparks, Lt.; Nobel, Lt.; Vicky McQuistion, Appellees
Status
Unpublished