Alan Lewis Doering v. Asa Hutchinson, Governor, Arkansas

22-2921Court of Appeals for the Eighth Circuit31 de out. de 2023

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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 23-1845
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Alan Lewis Doering
lllllllllllllllllllllPlaintiff - Appellant
v.
Asa Hutchinson, Governor, Arkansas; Wendy Kelley, Previous Director, ADC;
Dexter Payne, Director, ADC; Rory Griffin, Deputy Director, ADC (originally
named as "Rory Griffen"); Jeremy Andrews, Warden, Brickey's Unit (Originally
named as "Andrews"); Shaquille Beale, Sergeant, Brickey's Unit (Originally
named as "Beale"); Franklin Leron Graham, Lieutenant, Brickey's Unit (Originally
named as "Graham"); Cimonyae Harris, Correctional Officer, Brickey's Unit
(Originally named as Harris); Tevon Smith, Correctional Officer, Brickey's Unit
(Originally named as "Smith"); Correct Care Solutions, Medical Care Provider,
ADC; Gaylon Lay, Head of Internal Affairs, Central Office (Originally named as
"Lay"); Greg Rechcigl, Health Service Administrators, Brickey's Unit; Tammy
Kimble, Health Care Provider, Brickey's Unit; Patrick Drummond, APN, Brickey's
Unit (Originally named as "Drumond"); Terri Moody, APN, Brickey's Unit;
Jasmin Troop, Sergeant, Brickey's Unit (Originally named as "Troop"); Erma Bell,
Kitchen Supervisor, East Arkansas Regional Unit, ADC (Originally named as
"Jane Doe" and "Bell"); William Straughn, Assistant Director, Arkansas Division
of Correction; Gordon Davis, LPN, East Arkansas Regional Unit; Amanda
Steinbarger, LPN, Arkansas Regional Unit
lllllllllllllllllllllDefendants - Appellees
____________
Appeal from United States District Court
for the Eastern District of Arkansas - Delta
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Submitted: September 28, 2023
Filed: October 5, 2023
[Unpublished]
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Before COLLOTON, GRUENDER, and ERICKSON, Circuit Judges.
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PER CURIAM.
Alan Doering appeals following the district court’s1 adverse grant of summary
judgment. After careful review of the record and the parties’ arguments on appeal,
we conclude that the district court properly granted summary judgment. See De
Rossitte v. Correct Care Sols., LLC, 22 F.4th 796, 802 (8th Cir. 2022) (de novo
review of grant of summary judgment); see also King v. Iowa Dep’t of Corr., 598
F.3d 1051, 1052 (8th Cir. 2010) (dismissal for failure to exhaust remedies is reviewed
de novo). Accordingly, we affirm. See 8th Cir. R. 47B. We also deny the motion for
oral argument.
______________________________
1The Honorable D.P. Marshall, Jr., Chief Judge, United States District Court
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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