Prentice Wheatley v. Michelle Smith, et al

Filing

PER CURIAM OPINION FILED - THE COURT: Diana E. Murphy, Pasco M. Bowman and Bobby E. Shepherd (UNPUBLISHED) [4243036] [14-2200]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 14-2200
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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
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Appeal from United States District Court
for the District of Minnesota - Minneapolis
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Submitted: February 2, 2015
Filed: February 10, 2015
[Unpublished]
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Before MURPHY, BOWMAN, and SHEPHERD, Circuit Judges.
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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.
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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