Public-domain · open source
OpenJurist

136 F. App'x 963

Brooks v. Babb

U.S. Courts of Appeals

Decided June 28, 2005

U.S. Courts of Appeals · decided 2005-06-28

Applies 28 U.S.C. § 1291 · 28 U.S.C. § 636 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1997E

Relies on Lewis Director Arizona Department of Corrections v. Casey · Correction Officer Porters v. Ronald Nussle · United States v. Chischilly

Decided 2005-06-28

¶1MEMORANDUM …

¶2Stanley Brooks, a Nevada state prisoner, appeals pro se the dismissal, for failure to exhaust administrative remedies, of his action against prison officials under 42 U.S.C. § 1983, claiming violation of his Eighth Amendment rights in their deliberation indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

¶3Brooks contends that the district court erred in reassigning his case to a different judge. This contention lacks merit because the district court has authority to control its docket. See Southern Cal. Edison Co. v. Lynch, 307 F.3d 794, 807 (9th Cir.2002). The district court also did not err in referring motions to a magistrate judge. See 28 U.S.C. § 636(b)(1). Judge Hicks did not err in failing to recuse himself. See United States v. Chischilly, 30 F.3d 1144, 1149 (9th Cir.1994). In addition, the district court did not err in denying Brooks’s motion to require prison officials to allow him to copy more documents than permitted under a rule permitting prisoners to accrue a $100 copy work debt at $.10 per copy. See Lewis v. Casey, 518 U.S. 343, 384, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996).

¶4Brooks contends that he established exhaustion of administrative remedies, as required by 42 U.S.C. § 1997e. For the reasons stated by the district court in its order adopting the magistrate judge’s report and recommendation and dismissing the case, this contention lacks merit. See Porter v. Nussle, 534 U.S. 516, 524, 122 S.Ct. 983, 152 L.Ed.2d 12 (2002).

¶5AFFIRMED.

¶6 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

/136/fappx/963 · .json · Public domain