Byron Dawes v. Cole Jeter

209 F. App'x 609

• Court: Court of Appeals for the Eighth Circuit
• Decided: December 21, 2006
• Docket: 05-4155
• Status: Unpublished

Opinion

PER CURIAM.

Federal inmate Byron Dawes appeals the district court’s 1 adverse grant of summary judgment in his Bivens 2 action. We agree with the district court that there is nothing in the record to support Dawes’s opinion that the medical care he has received is so inadequate as to amount to a constitutional violation. See Jolly v. Knudsen, 205 F.3d 1094, 1096 (8th Cir.2000) (mere disagreement with course of medical treatment is insufficient to state Eighth Amendment claim); Dulany v. Carnahan, 132 F.3d 1234, 1240 (8th Cir.1997) (where medical records indicate treatment was provided and physician affidavits indicate care was adequate, inmate cannot create fact question merely by stating he did not believe treatment was adequate).

Accordingly, we affirm, see 8th Cir. R. 47B, but we modify the district court’s order to clarify that the dismissal does not count as a strike under 28 U.S.C. § 1915(g).

1 . The Honorable James M. Moody, United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Jerry W. Cavaneau, United States Magistrate Judge for the Eastern District of Arkansas.

2 . Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971).