WHEELER v. GARDNER

No. 20050166.

708 N.W.2d 908 (2006)

2006 ND 24

LeRoy Kenneth WHEELER, Plaintiff and Appellant v. Gary A. GARDNER, Grand Forks County Correctional Center, Defendants and Appellees.

Supreme Court of North Dakota.

Rehearing Denied February 23, 2006.


Attorney(s) appearing for the Case

LeRoy Kenneth Wheeler, Bismarck, ND, pro se.

Linda E. Bata (argued) and Ronald F. Fischer (on brief), Pearson Christensen Cahill & Clapp, P.L.L.P., Grand Forks, ND, for defendants and appellees.


SANDSTROM, Justice.

[¶ 1] LeRoy Wheeler appeals from a district court summary judgment dismissing his declaratory judgment lawsuit challenging the withdrawal of funds from his inmate account to pay for dental services. We affirm, concluding the district court did not err in determining North Dakota law authorized withdrawal of the full amount of the dental services provided to Wheeler.

I

[¶ 2] In late 2004, Wheeler was an inmate at the...

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