FILED

United States Court of Appeals

Tenth Circuit

May 24, 2016

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

ERIC BROWN,

Plaintiff - Appellant,

v.

IDAHO CORRECTIONAL CENTER;

WARDEN TIMOTHY WENGLER;

ASSISTANT WARDEN TOM

KESSLER; H.S.A. ACEL K.

THACKER, CCHP; DR. KIRK

STANDER; DR. DAVID AGLER;

KIT CARSON CORRECTIONAL

CENTER; WARDEN VANCE

EVERETT; ASSISTANT WARDEN

GREG WILKINSON; DR. SUSAN

TIONA; H.S.A. JODI GRAY;

CORRECTIONS CORPORATION OF

AMERICA,

Defendants - Appellees.

No. 15-1355

(D.C. No. 1:13-CV-01342-REB-KMT)

(D. Colo.)

ORDER AND JUDGMENT*

Before KELLY, McKAY, and MORITZ, Circuit Judges.**

*

 This order and judgment is not binding precedent, except under the

doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,

however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th

Cir. R. 32.1.

** After examining the briefs and the appellate record, this three-judge

panel has determined unanimously that oral argument would not be of material

assistance in the determination of this appeal. See Fed. R. App. P. 34(a); 10th

Cir. R. 34.1(G). The cause is therefore ordered submitted without oral argument.
Plaintiff-Appellant Eric Brown, an inmate appearing pro se, appeals from

the district court’s grant of summary judgment in favor of various remaining

Defendants1

 on his amended complaint. See I R. 181–97 (first amended

complaint). The district court overruled Mr. Brown’s objections to the

recommendation of the magistrate judge and entered final judgment. Brown v.

Idaho Corr. Ctr., No. 13–cv–01342–REB–KMT, 2015 WL 5210656 (D. Colo.

Sept. 8, 2015).

The parties are familiar with the facts which were summarized by the

magistrate judge. Brown v. Idaho Corr. Ctr., No. 13–cv–01342–REB–KMT, 2015

WL 5251511, at *1–3 (D. Colo. July 27, 2014). On appeal, Mr. Brown, an Idaho

prisoner housed in a Colorado private prison,2

 argues that the Defendants have

violated his Fifth, Eighth, and Fourteenth Amendment rights and the ADA by (1)

not allowing him reasonable accommodations for his migraine headaches, (2)

depriving him of his life through the destruction of his kidneys, (3) causing him

undue suffering and exposure to risk that could easily by remedied, and (4) not

allowing him to rely upon the ADA. Although Mr. Brown also seeks to rely upon

1

 The district court dismissed various Idaho State Defendants upon

recommendation of the assigned magistrate judge and ordered that the caption be

amended. Brown v. Idaho Dep’t of Corrs., No. 13–cv–01342–REB–KMT, 2014

WL 4695958, at *1 (D. Colo. Sept. 19, 2014).

2

 Mr. Brown advises that he has been moved back to Idaho.

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“equivalent sections” of the Colorado and Idaho Constitutions on appeal, these

provisions were not raised below and may not be raised here. Schrock v. Wyeth,

Inc., 727 F.3d 1273, 1284 (10th Cir. 2013)

We review the district court’s grant of summary judgment de novo,

applying the same standard as the district court and magistrate judge. McBride v.

Peak Wellness Ctr., Inc., 688 F.3d 698, 703 (10th Cir. 2012). Summary judgment

is warranted if “there is no genuine dispute as to any material fact and the movant

is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). We affirm the

judgment for substantially the reasons relied upon the magistrate judge in her

recommendation. Brown, 2015 WL 5251511, at*5–10.

AFFIRMED. We DENY Mr. Brown’s request for IFP status, DENY all

pending motions or requests, and remind him that he remains obligated to pay the

full amount of the filing fee.

Entered for the Court

Paul J. Kelly, Jr.

Circuit Judge

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