John Caldwell v. Wendy Kelley, et al


PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Morris S. Arnold and Diana E. Murphy (UNPUBLISHED) [4444477] [15-3323]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3323 ___________________________ John Caldwell lllllllllllllllllllll Plaintiff - Appellant v. Wendy Kelley, Director, Arkansas Department of Correction, formerly Deputy Director of Health Services lllllllllllllllllllll Defendant - Appellee Corizon, Inc. lllllllllllllllllllll Defendant Deborah York, H.S.A., Varner Unit; Robert Floss, Doctor, ADC; Ojiugo Iko, Doctor, Corizon Inc. lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Arkansas - Pine Bluff ____________ Submitted: August 30, 2016 Filed: September 2, 2016 [Unpublished] ____________ Before WOLLMAN, ARNOLD, and MURPHY, Circuit Judges. ____________ Appellate Case: 15-3323 Page: 1 Date Filed: 09/02/2016 Entry ID: 4444477 PER CURIAM. Arkansas inmate John Caldwell appeals the district court’s1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action. Viewing the summary judgment record in a light most favorable to Mr. Caldwell, and drawing all reasonable inferences from it in his favor, see Murchison v. Rogers, 779 F.3d 882, 886-87 (8th Cir. 2015), we find no basis for overturning the district court’s determination that there were no jury issues on his Eighth Amendment claims, see Allard v. Baldwin, 779 F.3d 768, 771-72 (8th Cir.) (discussing requirements to prevail on Eighth Amendment claim), cert. denied, 136 S. Ct. 211 (2015). The judgment of the district court is affirmed. See 8th Cir. R. 47B. ______________________________ 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 Beth Deere, United States Magistrate Judge for the Eastern District of Arkansas. -2- Appellate Case: 15-3323 Page: 2 Date Filed: 09/02/2016 Entry ID: 4444477

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