Joseph Fields, III v. Douglas Weber, et al

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PER CURIAM OPINION FILED - THE COURT: MICHAEL J. MELLOY, PASCO M. BOWMAN and BOBBY E. SHEPHERD (UNPUBLISHED) [3819350] [10-3489]

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 10-3489 ___________ Joseph Fields, III, * * Appellant, * * Appeal from the United States v. * District Court for the * District of South Dakota. Douglas L. Weber, Individually and in * his official capacity as Warden, South * [UNPUBLISHED] Dakota State Penitentiary; Daryl * Slykhuis, Individually and in his * official capacity as Deputy Warden, * South Dakota State Penitentiary, * * Appellees. * ___________ Submitted: August 10, 2011 Filed: August 18, 2011 ___________ Before MELLOY, BOWMAN, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Joseph Fields appeals from the adverse grant of summary judgment entered by the District Court1 in this 42 U.S.C. § 1983 action. Upon careful de novo review, see Johnson v. Blaukat, 453 F.3d 1108, 1112 (8th Cir. 2006), we conclude that summary 1 The Honorable Karen E. Schreier, Chief Judge, United States District Court for the District of South Dakota. Appellate Case: 10-3489 Page: 1 Date Filed: 08/18/2011 Entry ID: 3819350 judgment was proper for the reasons stated in the District Court’s order. Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2- Appellate Case: 10-3489 Page: 2 Date Filed: 08/18/2011 Entry ID: 3819350

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