Danny Sitton v. Correctional Medical Services, et al


PER CURIAM OPINION FILED - THE COURT: Kermit E. Bye, Steven M. Colloton and Bobby E. Shepherd (UNPUBLISHED) [4268867] [14-2140]

Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-2140 ___________________________ Danny Sitton lllllllllllllllllllll Plaintiff - Appellant v. Correctional Medical Services; Erin Escamilla, Nurse; Dr. John A. Matthews; Dr. Thomas Baker; Pamela Swartz, Nurse; Dave Dormire, Warden; George Lombardi, Director, Missouri Department of Corrections lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Western District of Missouri - Jefferson City ____________ Submitted: April 17, 2015 Filed: April 27, 2015 [Unpublished] ____________ Before BYE, COLLOTON, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Appellate Case: 14-2140 Page: 1 Date Filed: 04/27/2015 Entry ID: 4268867 Inmate Danny Sitton appeals the district court’s1 adverse grant of summary judgment on his claims against Correctional Medical Services and Dr. John A. Matthews in his 42 U.S.C. § 1983 action. We find no merit to Sitton’s challenges to the grant of summary judgment. See Mason v. Corr. Med. Servs., Inc., 559 F.3d 880, 884-85 (8th Cir. 2009) (de novo review). We also find no abuse of discretion in the district court’s denial of Sitton’s motion for recusal. See 28 U.S.C. § 144 (requiring reassignment if party files timely and sufficient affidavit stating judge has personal bias or prejudice against him or in favor of adverse party); Bannister v. Delo, 100 F.3d 610, 614 (8th Cir. 1996) (judge presiding over case is presumed impartial and party bears substantial burden of proving otherwise; not all unfavorable dispositions towards individual or his case are properly described by terms bias or prejudice). The judgment of the district court is affirmed. ______________________________ 1 The Honorable Fernando J. Gaitan, Jr., United States District Judge for the Western District of Missouri. -2- Appellate Case: 14-2140 Page: 2 Date Filed: 04/27/2015 Entry ID: 4268867

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?