Danny Sitton v. Correctional Medical Services

600 F. App'x 498

• Court: Court of Appeals for the Eighth Circuit
• Decided: April 27, 2015
• Docket: 14-2140
• Status: Unpublished

Opinion

PER CURIAM.

Inmate Danny Sitton appeals the district court’s 1 adverse grant of summary judgment on his claims against Correctional Medical Services and Dr. John A. Matthews in his 42 U.S.C. § 1983 action. We find no merit to Sitton’s challenges to the grant of summary judgment. See Mason v. Corr. Med. Servs., Inc., 559 F.3d 880, 884-85 (8th Cir.2009) (de novo review). We also find no abuse of discretion in the district court’s denial of Sitton’s motion for recusal. See 28 U.S.C. § 144 (requiring reassignment if party files timely and sufficient affidavit stating judge has personal bias or prejudice against him or in favor of adverse party); Bannister v. Delo, 100 F.3d 610, 614 (8th Cir.1996) (judge presiding over case is presumed impartial and party bears substantial burden of proving otherwise; not all unfavorable dispositions towards individual or his case are properly described by terms bias or prejudice). The judgment of the district court is affirmed.

1 . The Honorable Fernando J. Gaitan, Jr., United States District Judge for the Western District of Missouri.