F I L E D

United States Court of Appeals

Tenth Circuit

AUG 23 2002

PATRICK FISHER

Clerk

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

RODNEY ALAN GUNDERSON,

Plaintiff - Appellant,

v.

JUDY UPHOFF, individually and in

her official capacity as Director of

the Wyoming Department of

Corrections; JIM DAVIS,

individually and in his official

capacity as the Wyoming Department

of Corrections Health Services

Administrator; JAMES FERGUSON,

individually and in his official

capacity as the Warden of the

Wyoming State Penitentiary; RICK

SHINKLE; BEVERLY SHEAR;

WAYNE MARTINEZ, Correctional

Officers, in their individual

capacities; DR. FERGUSON, former

contract physician for the Wyoming

State Penitentiary; JOHN PEERY,

Wyoming State Penitentiary

Contract Health Care Unit Manager;

DR. KENNETH WILLIAM

SCHULZE, contract Health Care

Provider for Wyoming State

Penitentiary; DR. PAUL LONG,

contract physician for Wyoming

State Penitentiary; CINDY

FAULKNER, contract nurse

supervisor for Wyoming State

Penitentiary; JAN JONES, contract

nurse for Wyoming State

No. 01-8056

(D.C. No. 97-CV-35-B)

(D. Wyoming)
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Penitentiary; NANCY SPERLING,

former contract nurse for Wyoming

State Penitentiary, in their individual

capacities; WEXFORD HEALTH

SOURCES, INC., contract Health

Care Provider, Wyoming State

Penitentiary; RONALD G.

RUETTGERS, Wyoming State

Penitentiary Associate Warden;

KEN KENNEDY, Wyoming State

Penitentiary counselor; CORPORAL

BISHOP; TOMMY BUSTOS;

MIKE KINGSLEY, Correctional

Officers at Wyoming State

Penitentiary, in their individual

capacities; JACK BATTS; MARK

SIMONS; ALLEN KLIENFELTER;

MIKE KINGERY, 

Defendants,

and

WILLIAM HETTGAR, individually

and in his official capacity as

Associate Warden of the Wyoming

State Penitentiary; LT. PAINTER;

SGT. GARY HALTER; BLAKE

SMITH; GEORGE REEDY;

SCOTT ABBOTT; JOHN R.

HOLLOWAY; BRETT CHARLES

TULLY; MARK BROWN;

WENDY HALTER; MIKE

HOWARD; WILLIAM BURR,

Defendants - Appellees.
* This order and judgment is not binding precedent, except under the

doctrines of law of the case, res judicata, and collateral estoppel. The court

generally disfavors the citation of orders and judgments; nevertheless, an order

and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

** The Honorable John L. Kane, Senior District Judge, United States District

Court for the District of Colorado, sitting by designation.

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ORDER AND JUDGMENT *

Before O’BRIEN and PORFILIO , Circuit Judges, and KANE ,

** Senior District

Judge.

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.

Appellant Rodney Alan Gunderson, a prisoner of the State of Wyoming

appearing pro se, appeals from a jury verdict in favor of appellees on his claims

of excessive force, unconstitutional conditions of confinement, and lack of access

to the courts filed under 42 U.S.C. § 1983. Appellant’s claims arose when

appellees restrained him to cut his hair in accordance with prison policy and then

placed him in administrative segregation immediately after the haircut because of

his resistance. Appellant asserted that he resisted the haircut based on his

religious belief that he should not cut his hair.
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On appeal, appellant makes arguments related to default, discovery,

witnesses, judicial partiality, and housing during the trial. We have reviewed the

briefs in light of the record on appeal and conclude that appellant’s claims of

error are waived or are without merit.

The judgment is AFFIRMED. Appellant is reminded that he is obligated to

continue making partial payments until the filing fee is paid in full. Appellant’s

motion for recusal of Judge Brimmer and Magistrate Judge Beaman is denied. 

The mandate shall issue forthwith.

Entered for the Court

John C. Porfilio

Circuit Judge