Darrell Banks v. Federal Bureau of Prisons, et al

Filing

PER CURIAM OPINION FILED - THE COURT: Raymond W. Gruender, Duane Benton and Jane Kelly (UNPUBLISHED) [4350808] [15-2185]

United States Court of Appeals
For the Eighth Circuit
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No. 15-2185
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Darrell Eugene Banks
lllllllllllllllllllll Plaintiff - Appellant
v.
Federal Bureau of Prisons; T. C. Outlaw, Former Warden; Nader Peikar, Doctor;
Does, Unknown Staff and Health Administrator; United States of America; FCC
Forrest City; Mary Ellen Rivers-Graham, Health Service Administrator, FCC Forrest City; Brenda Hoy, Assistant Health Service Administrator, FCC - Forrest
City; Misty Rios, RN, FCC - Forrest City; Theron Houston, Counselor, Helena C
Unit; Darlene Gallardo, Unit Manager, Helena Unit; Steven Norris, Case Manager,
Helena C Unit
lllllllllllllllllllll Defendants - Appellees
____________
Appeal from United States District Court
for the Eastern District of Arkansas - Helena
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Submitted: December 23, 2015
Filed: December 30, 2015
[Unpublished]
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Before GRUENDER, BENTON, and KELLY, Circuit Judges.
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PER CURIAM.

Appellate Case: 15-2185

Page: 1

Date Filed: 12/30/2015 Entry ID: 4350808

Federal inmate Darrell Banks filed this action under Bivens v. Six Unknown
Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), asserting
conditions-of-confinement and medical-indifference claims against various
defendants affiliated with the Federal Correctional Institution in Forest City,
Arkansas. The district court1 granted defendants summary judgment, and Banks
appeals. Following de novo review, see Dulany v. Carnahan, 132 F.3d 1234, 1237,
1239 (8th Cir. 1997), we agree with the district court that Banks did not create a
trialworthy factual issue on his claims against any named defendant. Accordingly,
we affirm for the reasons given by the district court. See 8th Cir. R. 47B.
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1

The Honorable Brian S. Miller, Chief Judge, United States District Court for
the Eastern District of Arkansas, adopting the report and recommendations of the
Honorable H. David Young, United States Magistrate Judge for the Eastern District
of Arkansas.
-2-

Appellate Case: 15-2185

Page: 2

Date Filed: 12/30/2015 Entry ID: 4350808