Hopkins v. Addison

Type

Opinion of the Court

Author

Stephen Hale Anderson

Filed

May 17, 2002

Case

Hopkins v. Addison

Case status

Decided

The first passage of the document, as extracted by the source provider.

ORDER AND JUDGMENT * STEPHEN H. ANDERSON, Circuit Judge. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in 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. Robert Hopkins, then an inmate at the James E. Hamilton Correctional Center, filed a civil rights action against the corrections department defendants identified above, seeking damages arising from their alleged deliberate indifference, in various ways, to Hopkins’ medical needs. Subsequent to the filing of his complaint, Hopkins was released on parole, but took no action with respect to his change of status. In March 2001, the defendants moved “to dismiss this action under authority of Fed.R.Civ.P. 12(b)(6)” and alternatively sought “summary judgment against [Hopkins] pursuant to Fed.R.Civ.P. 56(b).” Defs.’ ,Mot. to Dismiss/Mot. for Summ. J. Br. in Supp. at 1, R. Vol. I., Doc. 18. On July 3, 2001, the district court dismissed Hopkins’ complaint, finding that Hopkins failed to exhaust his administrative remedies as required by 42 U.S.C. § 1997e, and…

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