John Caldwell v. Wendy Kelley, et al

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Morris S. Arnold and Diana E. Murphy (UNPUBLISHED) [4444477] [15-3323]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 15-3323
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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
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Appeal from United States District Court
for the Eastern District of Arkansas - Pine Bluff
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Submitted: August 30, 2016
Filed: September 2, 2016
[Unpublished]
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Before WOLLMAN, ARNOLD, and MURPHY, Circuit Judges.
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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.
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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 Beth Deere, United States Magistrate Judge for the Eastern District of
Arkansas.
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Appellate Case: 15-3323

Page: 2

Date Filed: 09/02/2016 Entry ID: 4444477