UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

ROBERT DALE STRALEY,

Plaintiff-Appellant,

v.	No. 99-4084

HANK GALETKA; COLLEEN	(D.C. No. 98-CV-552-G)

GABBITIES; TIM PARKER; JANENE	(D. Utah)

HUANG; H.L. PETE HAUN; JACK

FORD; JIM LABOUNTY; SCOTT

CARVER; NOLA PHILLIPS; RON

SANCHEZ; DALE WRIGHT;

SPENCER ROBINSON; CRAIG

BALLS; BILLIE CASPER; ANTHONY

JOHNSON; WES CHURCH; DAN

TINGEY, Individually and in their

official capacities,

Defendants-Appellees.

ORDER AND JUDGMENT*

Before SEYMOUR, Chief Judge, BALDOCK and HENRY, Circuit Judges.**

Plaintiff Robert Dale Straley filed this 42 U.S.C. § 1983 claim alleging twenty-one instances where prison officials violated his constitutional rights. The district court referred the case to a magistrate judge. The magistrate judge prepared a report and recommendation recommending that the cause be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B) because: (1) Plaintiff's request for a temporary injunction lacked merit; (2) Plaintiff failed to exhaust his administrative remedies as to some claims; (3) Plaintiff voluntarily dismissed several additional claims; and (4) Plaintiff's remaining claims failed to state a claim upon which relief may be granted. The district court disagreed that Plaintiff failed to exhaust his administrative remedies. However, the district court denied those claims on other grounds. As to the rest of the claims, the district court agreed with the magistrate judge and adopted the report and recommendation. Accordingly, the district court dismissed Plaintiff's lawsuit. On appeal, Plaintiff contends that all twenty-one issues raised in the district court amount to constitutional violations. As relief, Plaintiff asks us to reverse the district court's judgment and remand for a trial on the merits.

We have carefully reviewed Plaintiff's brief, Plaintiff's supplemental briefs and attachments1, the district court's order, the magistrate judge's report and recommendation and the entire record before us. We affirm substantially for the reasons contained in the district court's order and the magistrate's report and recommendation. Plaintiff's motion to proceed in forma pauperis is granted. This decision shall count as a prior occasion under 28 U.S.C. § 1915(g). Plaintiff is reminded that he now has two "prior occasions" under § 1915(g). Should he file another lawsuit which is dismissed pursuant to § 1915 as malicious, frivolous, or for failing to state a claim upon which relief may be granted, § 1915's filing restrictions will prevent him from filing further lawsuits unless he is in imminent danger of serious physical injury.

AFFIRMED.

Entered for the Court

Bobby R. Baldock

United States Circuit Judge