James McAlphin v. Nwannem Obi-Okoye, et al

Filing

PER CURIAM OPINION FILED - THE COURT: Lavenski R. Smith, Kermit E. Bye and Bobby E. Shepherd (UNPUBLISHED); Denying [4318551-3] motion for appointment of counsel filed by Appellant Mr.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

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 15-2165
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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
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Appeal from United States District Court
for the Eastern District of Arkansas - Helena
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Submitted: January 6, 2016
Filed: February 2, 2016
[Unpublished]
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Before SMITH, BYE, and SHEPHERD, Circuit Judges.
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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.
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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.
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Appellate Case: 15-2165

Page: 2

Date Filed: 02/02/2016 Entry ID: 4362451