Derek Parks, Sr. v. Joseph Hughes

399 F. App'x 124

• Court: Court of Appeals for the Eighth Circuit
• Decided: November 3, 2010
• Docket: 10-2581
• Status: Unpublished

Opinion

PER CURIAM.

Arkansas inmate Derek Parks, Sr., appeals the district court’s 1 dismissal of his 42 U.S.C. § 1983 action. Parks alleged that in June 2009, while at the East Arkansas Regional Unit, he had experienced a two-week delay in receiving his “OPM” medications, and that this had caused him “anxiety phobia.” We affirm the dismissal, because Parks failed to state a claim for relief. See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (plaintiff must plead enough facts to state claim for relief that is plausible on its face, not just conceivable); Phipps v. FDIC, 417 F.3d 1006, 1010 (8th Cir.2005) (court may affirm dismissal on any basis supported by record); Sherrer v. Stephens, 50 F.3d 496, 497 (8th Cir.1994) (per curiam) (there is no liability for delay in medical treatment unless defendant ignored acute or escalating situation, or unless delay adversely affected prognosis); Ervin v. Busby, 992 F.2d 147, 150-51 (8th Cir.1993) (per curiam) (affirming dismissal of § 1983 claim where officials’ misplacement of and month-long delay in refilling pretrial detainee’s antidepressant was at most negligence). Accordingly, we affirm. See 8th Cir. R. 47A(a).

1 . The Honorable H. David Young, United States Magistrate Judge for the Eastern District of Arkansas, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c).