Jarell Davis Terry v. William Straughn, Assistant Director, ADC

United States Court of Appeals
For the Eighth Circuit
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No. 23-1936
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Jarell Davis Terry
lllllllllllllllllllllPlaintiff - Appellant
v.
William Straughn, Assistant Director, ADC; Dexter Payne, Director, ADC; Devine
Maiden, Lieutenant, ADC (originally named as "Maiden"); Dennis Ugbaja,
Sergeant, ADC (Originally named as "Ugbaja")
lllllllllllllllllllllDefendants - Appellees
Ciara Brown, Nurse, Wellpath (Originally named as "Brown")
lllllllllllllllllllllDefendant
Mya Coney
lllllllllllllllllllllDefendant - Appellee
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Appeal from United States District Court
for the Eastern District of Arkansas - Delta
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Submitted: April 26, 2024
Filed: May 13, 2024
[Unpublished]
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Before GRUENDER, ERICKSON, and KOBES, Circuit Judges.
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PER CURIAM.
Arkansas inmate Jarell Terry appeals following the district court’s1 adverse
grant of summary judgment in his pro se 42 U.S.C. § 1983 action. After careful
review of the record and the parties’ arguments on appeal, we conclude that the grant
of summary judgment was proper for the reasons stated by the district court. See
Smith v. Andrews, 75 F.4th 805, 808 (8th Cir. 2023) (de novo review of grant of
summary judgment). We find no abuse of discretion in the district court’s denial of
Terry’s motions regarding the surveillance video, and we lack jurisdiction to review
the magistrate judge’s orders denying his motions for recusal and appointment of
counsel. See Williams v. Wells Fargo Bank, N.A., 901 F.3d 1036, 1042 (8th Cir.
2018) (when appellant does not object to magistrate’s non-dispositive order before
district court, appellate court cannot review order); Murchison v. Rogers, 779 F.3d
882, 893-94 (8th Cir. 2015) (gross abuse of discretion review of denial of untimely
discovery motion); Press Mach. Corp. v. Smith R.P.M. Corp., 727 F.2d 781, 783 n.2
(8th Cir. 1984) (abuse of discretion review of decision to grant summary judgment
without hearing).
The judgment is affirmed. See 8th Cir. R. 47B. We deny Terry’s motion to
supplement the record.
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1The Honorable Brian S. Miller, United States District Judge for the Eastern
District of Arkansas, adopting the report and recommendations of the Honorable J.
Thomas Ray, United States Magistrate Judge for the Eastern District of Arkansas.
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