Anthony Hayes v. Mitchell Johnson, Jr.

• Court: Court of Appeals for the Eighth Circuit
• Decided: November 3, 2020
• Docket: 19-2915
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 19-2915 ___________________________

Anthony Lamar Hayes

Plaintiff - Appellant

v.

Mitchell Johnson, Jr., Captain, Hawkins Unit for Women; Michael M. Lowe, Major, Wrightsville Unit; Terrie L. Banister, Disciplinary Hearing Judge, ADC; Itena Jackson, SATP Counselor, Wrightsville Unit; Claudia Harris, Deputy Warden, Wrightsville Unit; Randy Watson, Warden, Wrightsville Unit; Dexter Payne, Deputy Director, ADC

Defendants - Appellees ____________

Appeal from United States District Court for the Eastern District of Arkansas - Little Rock ____________

Submitted: October 27, 2020 Filed: November 3, 2020 [Unpublished] ____________

Before BENTON, WOLLMAN, and SHEPHERD, Circuit Judges. ____________

PER CURIAM. Anthony Lamar Hayes, an inmate in the Arkansas Department of Correction, appeals following the district court’s1 adverse grant of summary judgment in his pro se 42 U.S.C. § 1983 action. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

After careful review of the record and the parties’ arguments on appeal, this court concludes that the district court properly granted summary judgment. See Peterson v. Kopp, 754 F.3d 594, 598 (8th Cir. 2014) (grant of summary judgment is reviewed de novo; record is viewed in light most favorable to nonmoving party). This court clarifies, however, that to the extent Hayes raised retaliation claims against defendants Claudia Harris and Itena Jackson, the dismissal of those claims is without prejudice. See 28 U.S.C. § 2106 (appellate court may modify any judgment brought before it for review).

The judgment is affirmed as modified. See 8th Cir. R. 47B. ______________________________

1 The 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 Joe J. Volpe, United States Magistrate Judge for the Eastern District of Arkansas.

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