Prentice Wheatley v. Michelle Smith, et al


PER CURIAM OPINION FILED - THE COURT: Diana E. Murphy, Pasco M. Bowman and Bobby E. Shepherd (UNPUBLISHED) [4243036] [14-2200]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-2200 ___________________________ Prentice Wheatley lllllllllllllllllllll Plaintiff - Appellant v. Michelle Smith; Stephen Craane; Keith Krueger; David Paulson; Nanette Larson; Kathy Reid; Scott Schantzen; Jordan Buth; Sgt. Adam Murphy; Steve McCarty; Mike McMahon; Steve Hammer; David Reishus; Vuthy Long lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the District of Minnesota - Minneapolis ____________ Submitted: February 2, 2015 Filed: February 10, 2015 [Unpublished] ____________ Before MURPHY, BOWMAN, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Appellate Case: 14-2200 Page: 1 Date Filed: 02/10/2015 Entry ID: 4243036 Prentice Wheatley appeals the district court’s1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action, in which he asserted, among other claims, that various Minnesota Department of Corrections officials failed to protect him from harm. Upon careful de novo review, we conclude that the district court did not err in its summary judgment decision. See Schoelch v. Mitchell, 625 F.3d 1041, 1045-46 (8th Cir. 2010) (standard of review for grant of summary judgment; requirements of failure-to-protect claim). We also conclude that the district court’s other adverse rulings were proper. See Elnashar v. Speedway SuperAmerica, LLC, 484 F.3d 1046, 1052 (8th Cir. 2007) (denial of motion to compel production of evidence is reviewed for gross abuse of discretion); Phillips v. Jasper Cnty. Jail, 437 F.3d 791, 794 (8th Cir. 2006) (denial of motion for appointment of counsel is reviewed for abuse of discretion). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Donovan W. Frank, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Arthur J. Boylan, United States Magistrate Judge for the District of Minnesota, now retired. -2- Appellate Case: 14-2200 Page: 2 Date Filed: 02/10/2015 Entry ID: 4243036

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