Byron Wallace v. Estella Bland, et al

Filing

PER CURIAM OPINION FILED - THE COURT: James B. Loken, Steven M. Colloton and Jane Kelly (UNPUBLISHED) [4242546] [14-2614]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 14-2614
___________________________
Byron L. Wallace
lllllllllllllllllllll Plaintiff - Appellant
v.
Estella Bland; Dr. William Warren; Dr. Troy Moore
lllllllllllllllllllll Defendants - Appellees
____________
Appeal from United States District Court
for the Eastern District of Arkansas - Pine Bluff
____________
Submitted: January 30, 2015
Filed: February 9, 2015
[Unpublished]
____________
Before LOKEN, COLLOTON, and KELLY, Circuit Judges.
____________
PER CURIAM.
Arkansas inmate Byron L. Wallace appeals the grant of summary judgment
dismissing his 42 U.S.C. § 1983 claims that two doctors and a nurse violated his
Eighth Amendment right to adequate care and treatment of his diabetes condition at
the Cummins Unit of the Arkansas Department of Corrections.

Appellate Case: 14-2614

Page: 1

Date Filed: 02/09/2015 Entry ID: 4242546

After de novo review, we agree with the district court that Wallace’s claims
against Nurse Estella Bland and Dr. Troy Moore were based solely on his
disagreement with the course of treatment for his diabetes, and thus did not rise to the
level of a constitutional violation. See Meuir v. Greene County Jail Employees, 487
F.3d 1115, 1118-19 (8th Cir. 2007). By failing to brief the issue, Wallace waived his
objection to the district court’s1 conclusion that he failed to exhaust administrative
remedies as to Dr. William Warren. See Hess v. Ables, 714 F.3d 1048, 1051 n.2 (8th
Cir. 2013). We cannot review Wallace’s challenge to the magistrate judge’s denial
of his motions for appointment of counsel, as Wallace filed no objections to these
orders in the district court. See McDonald v. City of St. Paul, 679 F.3d 698, 709 (8th
Cir. 2012). His final motion for counsel to the district court was untimely and
unsupported. Finally, we decline to consider new matters raised for the first time on
appeal, see Stone v. Harry, 364 F.3d 912, 914-15 (8th Cir. 2004).
Accordingly, the judgment of the district court is affirmed.
______________________________

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: 14-2614

Page: 2

Date Filed: 02/09/2015 Entry ID: 4242546