John J. McCarthy v. Mr. Maddigan, Dr. Perry Dr. Walter Dr. Delmuro

ORDER

Mr. McCarthy, a federal prisoner, filed a Bivens 1 — type civil action seeking monetary damages for the alleged deliberate indifference to his serious medical needs. The district court, relying upon Brice v. Day, 604 F.2d 664, 666-68 (10th Cir.1979), cert. denied, 444 U.S. 1086, 100 S.Ct. 1045, 62 L.Ed.2d 772 (1980), dismissed the claim without prejudice as Mr. McCarthy failed to demonstrate he had made use of the administrative review process provided by the Bureau of Prisons. We affirmed, being bound by our precedent in Brice. See McCarthy v. Maddigan, 914 F.2d 1411 (10th Cir.1990).

The…