Corey Steward v. Tiffany Sims

• Court: Court of Appeals for the Eighth Circuit
• Decided: January 3, 2022
• Docket: 21-1565
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 21-1565 ___________________________

Corey Duran Steward

lllllllllllllllllllllPlaintiff - Appellant

v.

Tiffany Sims, Correctional Officer, EARU, ADC; Erick Hinton, Correctional Officer, EARU, ADC (originally named as Doe); Dexter Payne, Director, Arkansas Department of Correction; Jeremy Andrews, Warden (originally named as Andrews); David Knott, Chief of Security (originally named as Knott)

lllllllllllllllllllllDefendants - Appellees ____________

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

Submitted: December 27, 2021 Filed: January 3, 2022 [Unpublished] ____________

Before GRUENDER, ERICKSON, and GRASZ, Circuit Judges. ____________

PER CURIAM. In this 42 U.S.C. § 1983 action, Corey Steward appeals following the district court’s1 adverse grant of summary judgment. After careful review of the record and the parties’ arguments on appeal, we conclude that the district court properly granted summary judgment. See Townsend v. Murphy, 898 F.3d 780, 783 (8th Cir. 2018) (reviewing de novo grant of summary judgment based on failure to exhaust administrative remedies); see also Patterson v. Kelley, 902 F.3d 845, 851 (8th Cir. 2018) (reviewing de novo grant of summary judgment based on qualified immunity). We further conclude that the district court did not abuse its discretion in allowing Steward’s appointed counsel to withdraw. See Fleming v. Harris, 39 F.3d 905, 908 (8th Cir. 1994) (standard of review). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________

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 Patricia S. Harris, United States Magistrate Judge for the Eastern District of Arkansas.

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