Charles Winston v. Wendy Kelly

586 F. App'x 683

• Court: Court of Appeals for the Eighth Circuit
• Decided: September 11, 2014
• Docket: 13-3144
• Status: Unpublished

Opinion

PER CURIAM.

Inmate Charles A. Winston appeals .the district court’s 1 adverse rulings on the claims in his 42 U.S.C. § 1988 action. Upon careful consideration of Winston’s arguments for reversal, we find no basis for overturning the district court’s determination that some claims were time-barred, see Miller v. Norris, 247 F.3d 736, 739 (8th Cir.2001) (three-year statute of limitations for § 1983 claims in Arkansas); that dismissal under Federal Rule of Civil Procedure 25(a) was warranted as to one defendant, see Settlemire v. Watson, 877 F.2d 13, 14 (8th Cir.1989) (per curiam) (any party proceeding pro se is expected to be familiar with and follow procedural rules); and that summary judgment was warranted on the merits of his deliberate indifference claims against two defendants, see Ellis v. Houston, 742 F.3d 307, 318 (8th Cir.2014) (de novo review); see also Thompson v. King, 730 F.3d 742, 746-47 (8th Cir.2013) (deliberate-indifference standard). 2 The judgment of the district court is affirmed. See 8th Cir. R. 47B.

1 . The Honorable J. Leon Holmes, United States District Judge 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.

2 . Winston has abandoned some claims, see Hess v. Ables, 714 F.3d 1048, 1051 n. 2 (8th Cir.2013); and we do not consider matters he raises for the first time in his opening brief, see Stone v. Harry, 364 F.3d 912, 914-15 (8th Cir.2004), or his reply brief, see White v. Smith, 696 F.3d 740, 749 n. 8 (8th Cir.2012).