Opinion
No. 5-934 / 04-1122
Filed January 19, 2006
Appeal from the Iowa District Court for Page County, Timothy O'Grady, Judge.
Leonard Johnson, pro se, appeals from the district court's dismissal of his notice of injunction. AFFIRMED.
Leonard Johnson, Clarinda, pro se.
Thomas J. Miller, Attorney General, and Kristin Ensign, Assistant Attorney General, Corrections Division, for appellee.
Considered by Sackett, C.J., and Vogel and Eisenhauer, JJ.
Leonard Johnson, pro se, appeals from the district court's dismissal of his "notice of injunction". The court dismissed the filing without explanation or hearing. There is nothing in the record to suggest the filing was served on the respondent, Mark Lund. Johnson claimed Mark Lund, Superintendent of the Clarinda Correctional Facility, violated Iowa Department of Corrections policy by not allowing tobacco products to be sold.
We doubt the issues raised by Johnson were ever joined. See Iowa R. Civ. P. 1.305. Johnson raises no procedural issues on appeal; rather he argues the merits of his action for an injunction. Johnson argues his right to equal protection has been violated because inmates at the Clarinda Correctional Facility are being treated differently than similarly situated inmates in other Iowa Department of Corrections facilities. Equal protection requires that people who are similarly situated be treated similarly. Kelly v. State, 525 N.W.2d 409, 411 (Iowa 1994). He also suggests the Department of Corrections was "deliberately indifferent to the inmates safety" by removal of tobacco products and violated his due process rights. There is no record before us as to the Iowa Department of Correction's policies and procedures, the reasons tobacco products were removed from sale at the Clarinda Correctional Facility, and the practices of other Iowa Department of Corrections facilities relating to the sale of tobacco. Accordingly, there is no basis for us to determine the validity of Johnson's claims. It is his obligation to provide us with a record to review. State v. Ludwig, 305 N.W.2d 511, 513 (Iowa 1981). His failure to do so waives any claimed error. State v. Mudra, 532 N.W.2d 765, 767 (Iowa 1995).