Danny Sitton v. Correctional Medical Services, et al

Filing

PER CURIAM OPINION FILED - THE COURT: Kermit E. Bye, Steven M. Colloton and Bobby E. Shepherd (UNPUBLISHED) [4268867] [14-2140]

United States Court of Appeals
For the Eighth Circuit
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No. 14-2140
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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
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Appeal from United States District Court
for the Western District of Missouri - Jefferson City
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Submitted: April 17, 2015
Filed: April 27, 2015
[Unpublished]
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Before BYE, COLLOTON, and SHEPHERD, Circuit Judges.
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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