Elroy Wabashaw v. Brian Gage, et al

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PER CURIAM OPINION FILED - THE COURT: Diana E. Murphy, Pasco M. Bowman and Duane Benton (UNPUBLISHED) [4409901] [15-3423]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-3423 ___________________________ Elroy L. Wabashaw lllllllllllllllllllll Plaintiff - Appellant v. Michael L. Kenny, Dir, NDCS lllllllllllllllllllll Defendant Brian Gage, Warden TSCI - in their individual and official capacities lllllllllllllllllllll Defendant - Appellee Robert Houston, Former Dir, NDCS; Fred Britten, Former Warden TSCI lllllllllllllllllllll Defendants Lt. Tremain, Officers - in their individual and official capacities; Ofc. Horn, in their individual and official capacities lllllllllllllllllllll Defendants - Appellees Sgt. Thein lllllllllllllllllllll Defendant Sgt. Lanlez, in their individual and official capacities; Stranberg, TSCI Caseworkers - in their individual and official capacities; Zweig, TSCI Caseworkers - in their individual and official capacities; Scott Frakes, in their individual and official capacities; Michele Capps, in their individual and official capacities; Appellate Case: 15-3423 Page: 1 Date Filed: 06/09/2016 Entry ID: 4409901 Holley, in their individual and official capacities; Theimann, in their individual and official capacities lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the District of Nebraska - Lincoln ____________ Submitted: May 31, 2016 Filed: June 9, 2016 [Unpublished] ____________ Before MURPHY, BOWMAN, and BENTON, Circuit Judges. ____________ PER CURIAM. Nebraska inmate Elroy L. Wabashaw, formerly incarcerated at the Tecumseh State Correctional Institution, appeals the district court’s1 dismissal of his 42 U.S.C. § 1983 complaint. Having jurisdiction under 28 U.S.C. § 1291, this court affirms. This court conducted de novo review of the record and carefully considered Wabashaw’s arguments for reversal. See Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir. 2000) (per curiam); Cooper v. Schriro, 189 F.3d 781, 783 (8th Cir. 1999) (per curiam). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable John M. Gerrard, United States District Judge for the District of Nebraska. -2- Appellate Case: 15-3423 Page: 2 Date Filed: 06/09/2016 Entry ID: 4409901

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