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 2023-07

Randall McArty v. Daniel Turner ( 2023 )


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  •                 United States Court of Appeals
For the Eighth Circuit
___________________________
No. 22-3299
___________________________
Randall Thomas McArty
lllllllllllllllllllllPlaintiff - Appellant
v.
Daniel Odell Turner, Prosecuting Attorney, Clark County, Arkansas; Tim Griffin,
Arkansas Attorney General
lllllllllllllllllllllDefendants - Appellees
____________
Appeal from United States District Court
for the Western District of Arkansas - Hot Springs
____________
Submitted: June 30, 2023
Filed: July 6, 2023
[Unpublished]
____________
Before KELLY, ERICKSON, and STRAS, Circuit Judges.
____________
PER CURIAM.
Arkansas inmate Randall Thomas McArty appeals after the district court1
granted defendants’ motion to dismiss his
    42 U.S.C. § 1983
     action. Upon careful de
novo review of the record and the parties’ arguments on appeal, we find no basis for
reversal. See Universal Coops., Inc. v. AAC Flying Serv., Inc.,
    710 F.3d 790
    , 794
(8th Cir. 2013) (standard of review). We agree with the district court that Arkansas’s
postconviction relief procedure as interpreted and applied to McArty did not deny
him due process. See Dist. Attorney’s Off. for Third Jud. Dist. v. Osborne,
    557 U.S. 52
    , 65, 69 (2009) (federal courts may upset state postconviction relief procedures
“only if they are fundamentally inadequate to vindicate the substantive rights
provided”). Defendants’ argument that this court lacks subject-matter jurisdiction
over this appeal based on the Rooker-Feldman2 doctrine is foreclosed by the Supreme
Court’s decision in Reed v. Goertz,
    143 S. Ct. 955
    , 960 (2023).
The judgment is affirmed. See 8th Cir. R. 47B.
______________________________
1
The Honorable Susan O. Hickey, Chief Judge, United States District Court for
the Western District of Arkansas, adopting the report and recommendations of the
Honorable Mark E. Ford, United States Magistrate Judge for the Western District of
Arkansas.
2
See Rooker v. Fid. Trust Co.,
    263 U.S. 413
     (1923); D.C. Court of Appeals v.
Feldman,
    460 U.S. 462
     (1983).
-2-