David Williams v. Kathy Stewart



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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-1090 ___________________________ David Williams lllllllllllllllllllll Appellant v. Kathy Stewart, also known as Kathy Steward; Moses Jackson, Captain, East Arkansas Regional Unit, ADC; Essie Clay, East Arkansas Regional Unit, ADC; Cody, Ms., Disciplinary Serving Officer, East Arkansas Regional Unit, ADC; Greg Harmon, Warden, East Arkansas Regional Unit, ADC lllllllllllllllllllll Appellees ____________ Appeal from United States District Court for the Eastern District of Arkansas ____________ Submitted: August 7, 2012 Filed: August 10, 2012 [Unpublished] ____________ Before MURPHY, ARNOLD, and SMITH, Circuit Judges. ____________ PER CURIAM. Appellate Case: 12-1090 Page: 1 Date Filed: 08/10/2012 Entry ID: 3941184 In this 42 U.S.C. § 1983 action, Arkansas Department of Correction inmate David Williams appeals following the district court’s1 dismissal of four defendants and its grant of summary judgment to one defendant. Upon careful de novo review, we agree with the district court that Mr. Williams did not support his conclusory allegations that he received a retaliatory disciplinary, and we agree that he otherwise failed to state a claim. See Haynes v. Stephenson, 588 F.3d 1152, 1155-56 (8th Cir. 2009) (retaliatory discipline); Atkinson v. Bohn, 91 F.3d 1127, 1129 (8th Cir. 1996) (per curiam) (retaliatory animus could not be inferred from speculative and conclusory allegations); Martin v. Sargent, 780 F.2d 1334, 1338 (8th Cir. 1985) (inmate’s § 1983 claims fail absent defendant’s personal involvement in, or direct responsibility for, incidents that caused injury). Accordingly, we affirm for the reasons provided by the district court. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Susan Webber Wright, United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Jerome T. Kearney, United States Magistrate Judge for the Eastern District of Arkansas. -2- Appellate Case: 12-1090 Page: 2 Date Filed: 08/10/2012 Entry ID: 3941184

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