James McAlphin v. Nwannem Obi-Okoye, et al


PER CURIAM OPINION FILED - THE COURT: Lavenski R. Smith, Kermit E. Bye and Bobby E. Shepherd (UNPUBLISHED); Denying [4318551-3] motion for appointment of counsel filed by Appellant Mr. James McAlphin., Denying [4301968-2] motion for appointment of counsel filed by Appellant Mr. James McAlphin. [4362451] [15-2165]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-2165 ___________________________ James McAlphin lllllllllllllllllllll Plaintiff - Appellant v. Dr. Nwannem Obi-Okoye, ADC, EARU (originally named as N. Obi); Dr. Don Ball, ADC, EARU (originally named as Ball); Geraldine Campbell, APN (Practicing Nurse), ADC, EARU (originally named as G. Campbell); Dr. Kitrell, Psychiatrist, ADC, EARU; Dr. John Delk, Doctor of Urology, University Hospital; Charlotte Gardner, Regional Ombudsman (Corizon); Dr. Richard E. D'Anna, Urologist; Corizon, Medical Contractor, ADC; Dunn, Nurse (Corizon); Dr. Roland Anderson, ADC Central Office; Larry May, Assistant Director ADC; Wendy Kelley, Director, ADC, in her individual capacity; Rory Griffin, Deputy Assistant Director, ADC, in his official capacity; Arkansas Department of Correction, a municipality lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Arkansas - Helena ____________ Submitted: January 6, 2016 Filed: February 2, 2016 [Unpublished] ____________ Before SMITH, BYE, and SHEPHERD, Circuit Judges. ____________ Appellate Case: 15-2165 Page: 1 Date Filed: 02/02/2016 Entry ID: 4362451 PER CURIAM. Arkansas inmate James McAlphin appeals the district court’s1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action. We find no basis for reversal. Specifically, we agree with the district court that McAlphin failed to state a claim against numerous defendants, see Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir. 2000) (per curiam) (de novo review of 28 U.S.C. § 1915(e)(2)(B) dismissal); Cooper v. Schriro, 189 F.3d 781, 783 (8th Cir. 1999) (per curiam) (de novo review of dismissal under 28 U.S.C. § 1915A); that the claims against Dr. Don Ball should be dismissed for lack of administrative exhaustion, see King v. Iowa Dep’t of Corr., 598 F.3d 1051, 1052 (8th Cir. 2010) (de novo review); and that summary judgment was warranted on the claims against Dr. Nwannem Obi-Okoye and APN Geraldine Campbell, see Peterson v. Kopp, 754 F.3d 594, 598 (8th Cir. 2014) (de novo review). The judgment of the district court is affirmed, and McAlphin’s appellate motions for counsel are denied. ______________________________ 1 The Honorable D.P. Marshall, Jr., United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Joe J. Volpe, United States Magistrate Judge for the Eastern District of Arkansas. -2- Appellate Case: 15-2165 Page: 2 Date Filed: 02/02/2016 Entry ID: 4362451

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