Michael Bowden v. Jimmy Banks , 607 F. App'x 618 ( 2015 )


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  •                  United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 14-3844
    ___________________________
    Michael Bowden
    lllllllllllllllllllll Plaintiff - Appellant
    v.
    Jimmy Banks, Warden, Varner Unit, ADC; Joe Page, III, Deputy Warden, Varner
    Unit, ADC; Shirley Hudson, CO, Varner Unit, ADC; G. Williams, CO, Varner
    Unit, ADC; K. Bolden, Major, Varner Unit, ADC
    lllllllllllllllllllll Defendants - Appellees
    ____________
    Appeal from United States District Court
    for the Eastern District of Arkansas - Pine Bluff
    ____________
    Submitted: June 15, 2015
    Filed: June 23, 2015
    [Unpublished]
    ____________
    Before SMITH, BOWMAN, and COLLOTON, Circuit Judges.
    ____________
    PER CURIAM.
    Michael Bowden appeals following entry of judgment against him in his pro
    se 
    42 U.S.C. § 1983
     action, in which he claimed that defendants failed to protect him
    from an assault by other inmates. Upon careful de novo review, we conclude that, for
    the reasons explained by the district court,1 the court not err in (1) dismissing three
    defendants without prejudice based on Bowden’s failure to exhaust his administrative
    remedies, see 
    42 U.S.C. § 1997
    (e); King v. Iowa Dep’t of Corr., 
    598 F.3d 1051
    ,
    10532 (8th Cir. 2010) (standard of review); and (2) granting summary judgment for
    the remaining two defendants, see Whitson v. Stone Cnty. Jail, 
    602 F.3d 920
    , 923
    (8th Cir. 2010) (standard of review and elements of failure-to-protect case).
    Accordingly, we affirm. See 8th Cir. R. 47B.
    ______________________________
    1
    The Honorable Susan Webber Wright, United States District Judge for the
    Eastern District of Arkansas, adopting the report and recommendations of the
    Honorable Joe J. Volpe, United States Magistrate Judge for the Eastern District of
    Arkansas.
    -2-
    

Document Info

Docket Number: 14-3844

Citation Numbers: 607 F. App'x 618

Filed Date: 6/23/2015

Precedential Status: Non-Precedential

Modified Date: 1/13/2023