UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

RICKEY LAVERN SHEPPARD,

Plaintiff-Appellant,

v.

JUDY OWEN, Head Nurse, Health Administrator; MICHAEL CODY, Warden; DENNIS COTNER, Head Administrator; PRICILLA DRUMMOND, Head Nurse, O.S.P.; C. CASE, Nurse; GALE SMITH, C/O II,

Defendants-Appellees.

No. 98-7126

(E. District of Oklahoma)

(D.C. No. 97-CV-249)

ORDER AND JUDGMENT*

Before TACHA, McKAY, and MURPHY, Circuit Judges.

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.

Rickey L. Sheppard appeals the district court's dismissal of his civil rights complaint brought pursuant to 42 U.S.C. § 1983. In his complaint, Sheppard asserted that the defendants were deliberately indifferent to his medical needs in violation of the Eighth Amendment to the United States Constitution. In a thorough order, the district court noted that the record clearly demonstrated repeated meetings between Sheppard and prison medical staff and concluded that in light of the evidence of a "series of sick calls, examinations, diagnoses, and medication . . . it cannot be said there was 'deliberate indifference' to the prisoner's complaints." Smart v. Villar, 547 F.2d 112, 114 (10th Cir. 1976). Furthermore, the district court held that Sheppard's difference of opinion with the prison medical staff as to the kind and quality of medical care necessary under the circumstances could not support a claim under § 1983. See McCracken v. Jones, 562 F.2d 22, 24 (10th Cir. 1977).

This court has conducted a de novo review of the parties' briefs and contentions, the thorough district court order, and the entire record on appeal. In light of that close review, this court AFFIRMS for substantially those reasons

set forth in the district court's order of dismissal dated August 11, 1998.

ENTERED FOR THE COURT:

Michael R. Murphy

Circuit Judge