Wheeler v. Burgum

Tufte, Justice.

[¶ 1] LeRoy Wheeler appeals a district court judgment granting Governor Doug Burgum's motion to dismiss and denying Wheeler's motion to appoint counsel. We affirm.

I

[¶ 2] Wheeler, an inmate at the North Dakota State Penitentiary ("NDSP"), filed a complaint alleging civil rights violations under 42 U.S.C. § 1983 by Governor Burgum in both his official capacity and his personal capacity. The complaint alleges that Governor Burgum failed to supervise and govern officials and staff at the NDSP. Wheeler claims that NDSP officials and staff interfered with his mail, discriminated…