Tonnie Brown, III v. George Wilson, et al

Filing 920080710

Opinion

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

___________ No. 07-2552 ___________ Tonnie Brown, III, Appellant, v. George Wilson, Vice President, CMS; Max J. Mobley, Deputy Director, ADC; Charlotte Green, Infirmary Manager, Maximum Security Unit, ADC; Nnamdi Ifediora, Dr., Maximum Security Unit, ADC; Takeisha Newton, Infirmary Records Supervisor, Maximum Security Unit, ADC; Richard Carpenter, Dr., Maximum Security Unit, ADC; Debra Harris, R.N., Maximum Security Unit, ADC; Juanita Stell, L.P.N., Maximum Security Unit, ADC; Anderson, Nurse, Maximum Security Unit, ADC; Joyner, R.N., Maximum Security Unit, ADC; Marian Horn, L.P.N., Maximum Security Unit, ADC; Cass Cherry, Infirmary Manager, North Central Unit, ADC; Bentley, Dr., North Central Unit, ADC; Jodie Lafevers, A.P.N/L.P.N., North Central Unit, ADC; Minnie Turner, Nurse, North Central Unit, ADC; Alice Rickevious, Nurse, North Central Unit, ADC; Kimberly Emery, R.D.A., North Central Unit, ADC; Thomas Bailey, Dentist, North Central * * * * Appeal from the United States * District Court for the Eastern * District of Arkansas. * * [UNPUBLISHED] * * * * * * * * * * * * * * * * * * * * * * * *

Unit, ADC; Dream Young, Infirmary Manager, Ouachita River Correctional Unit; Alexandria Warner, L.P.N., Ouachita River Correctional Unit, ADC; Lamont Parson, Dentist, Ouachita River Correctional Unit, ADC; H Burnett, Dr.; Davis, Captain; Corley, Sgt., Maximum Security Unit, ADC; Riley, Correctional Officer, Maximum Security Unit, ADC; Spears, Sgt., ADC; Mussgrove, Sgt., ADC; David White, Warden, Maximum Security Unit, ADC; Linda Erwin, A.R.O. Grievance Officer, Maximum Security Unit, ADC; Cynthia Givens, A.R.O., Grievance Officer, Maximum Security Unit, ADC; F. Raspberry; Brian Cockrel; Reed, Warden, Ouachita River Correctional Unit, ADC; Hipple, Warden Ouachita River Correctional Unit, ADC; J B Campbell, Major, Ouachita River Correctional Unit, ADC; Gary Burton, Captain, Ouachita River Correctional Unit, ADC: Warner, Unit Supervisor, Ouachita River Correctional Unit, ADC, Appellees.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * ___________

Submitted: June 23, 2008 Filed: July 10, 2008 ___________ Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges. ___________
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PER CURIAM. In this 42 U.S.C. § 1983 action, Arkansas inmate Tonnie Brown, III, appeals the district court's1 adverse grant of summary judgment in favor of defendants George Wilson, Max J. Mobley, Charlotte Green, Nmamdi Ifediora, and Jodie Lafevers. Having carefully reviewed the record and considered Brown's arguments, we conclude that the grant of summary judgment was proper and that an extended opinion is not warranted. See Popoalii v. Corr. Med. Servs., 512 F.3d 488, 499 (8th Cir. 2008) (de novo review). Accordingly, we affirm. See 8th Cir. R. 47B. Also pending is a motion to dismiss appellees James Hipple and Mark Warner, who were dismissed prior to the grant of summary judgment, for lack of exhaustion of administrative remedies, in an order that was not designated in the notice of appeal. The remaining appellees were all voluntarily dismissed or were dismissed prior to the grant of summary judgment in orders that were similarly not designated in the notice of appeal and that are not at issue in this appeal. See Fed. R. App. P. 3(c)(1)(B); Berdella v. Delo, 972 F.2d 204, 207-08 (8th Cir. 1992). Accordingly, we grant the pending motion, and we sua sponte dismiss the other remaining defendants/appellees from this appeal. ______________________________

The Honorable Henry L. Jones, Jr., United States Magistrate Judge for the Eastern District of Arkansas, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c).
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