Larry Stephens v. Jeremy Andrews ( 2019 )

United States Court of Appeals
For the Eighth Circuit
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No. 18-3380
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Larry W. Stephens
lllllllllllllllllllllPlaintiff - Appellant
v.
Does, Lieutenant, EARU; Disciplinary Server, Varner Unit; Maurice Williams,
Major, McPherson Unit; Franklin Christopher Budnik, Deputy Warden, Cummins Unit
lllllllllllllllllllllDefendants
Jeremy Andrews, Warden, EARU; James Dycus, Deputy Warden, EARU
(originally named as Dycus)
lllllllllllllllllllllDefendants - Appellees
Asa Hutchinson, Governor, State of Arkansas
lllllllllllllllllllllDefendant
Valerie Westbrook, CO, EARU (originally named as V Westbrook)
lllllllllllllllllllllDefendant - Appellee
James Gibson, Warden, Varner Unit
lllllllllllllllllllllDefendant
Dale Reed, Deputy Director, ADC
lllllllllllllllllllllDefendant - Appellee
Micheal Richerson, Captain, Varner Unit; Tony McHan, Deputy Warden, Varner Max
lllllllllllllllllllllDefendants
Wendy Kelley, Director, ADC (originally named as Wendy Kelly)
lllllllllllllllllllllDefendant - Appellee
Keith Waddle, Disciplinary Judge, ADC
lllllllllllllllllllllDefendant
Danny Morment, Sergeant, EARU (originally named as Danny Norment); Lester
Allen, Sergeant, EARU (originally named as Allen); Tyrone Allison, Lieutenant,
EARU (originally named as Allison); David Knott, Major, EARU; Seccer Cole,
Sergeant, EARU (originally named as Cole); Graham, Sergeant, EARU (originally
named as Gork)
lllllllllllllllllllllDefendants - Appellees
Randle, Sergeant, EARU
lllllllllllllllllllllDefendant
Amanda Granger, Lieutenant, EARU (originally named as Granger)
lllllllllllllllllllllDefendant - Appellee
Rita Washington, Disciplinary Server, EARU; Joanna Franklin, Disciplinary
Judge, ADC
lllllllllllllllllllllDefendants
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Appeal from United States District Court
for the Eastern District of Arkansas - Helena
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Submitted: September 4, 2019
Filed: September 17, 2019
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Before LOKEN, GRUENDER, and KOBES, Circuit Judges.
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PER CURIAM.
Arkansas inmate Larry Stephens appeals following the district court’s1 adverse
judgment in his 42 U.S.C. § 1983 action. Stephens raised claims regarding exposure
to sewage floods in his cell, denial of cleaning supplies after flooding, and denial of
access to showers after flooding, as well as several unrelated claims. The district
court initially dismissed the unrelated claims without prejudice, and we find no abuse
of discretion in this dismissal, see Strandlund v. Hawley, 532 F.3d 741, 745 (8th Cir.
2008) (standard of review). The district court then granted summary judgment on
Stephens’s sewage-related claims, finding that he failed to exhaust his administrative
remedies. We have reviewed the district court’s order and we find no error.
Affirmed. See 8th Cir. R. 47B. We deny Stephens’s motion for review of the prison
video footage.
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1
The Honorable James M. Moody, Jr., United States District Judge for the
Eastern District of Arkansas, adopting the report and recommendations of the
Honorable Beth Deere, United States Magistrate Judge for the Eastern District of
Arkansas.
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