Elroy Wabashaw v. Brian Gage ( 2016 )

United States Court of Appeals
For the Eighth Circuit
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No. 15-3423
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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;
Holley, in their individual and official capacities; Theimann, in their individual
and official capacities
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the District of Nebraska - Lincoln
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Submitted: May 31, 2016
Filed: June 9, 2016
[Unpublished]
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Before MURPHY, BOWMAN, and BENTON, Circuit Judges.
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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.
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1
The Honorable John M. Gerrard, United States District Judge for the District
of Nebraska.
-2-