Don Cook v. Travis Moore

Eighth Circuit

Don Cook v. Travis Moore

667 F. App'x 891

CourtCourt of Appeals for the Eighth Circuit

DecidedAugust 9, 2016

Docket16-2194

StatusUnpublished

This text of 667 F. App'x 891 (Don Cook v. Travis Moore) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Don Cook v. Travis Moore, 667 F. App'x 891 (8th Cir. 2016).

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Opinion

PER CURIAM.

Arkansas inmate Don Cook appeals the district court’s 1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action. Reviewing de novo the grant of summary judgment, viewing the record in a light most favorable to Cook, and drawing all reasonable inferences in his favor, see Murchison v. Rogers, 779 F.3d 882, 886-87 (8th Cir. 2015), and also carefully considering Cook’s arguments for reversal, we agree with the district court that he failed to create any jury issues on his claims that Correctional Officer Travis Moore and Sergeant Tarence Whaley failed to protect him from an attack by other inmates, see Walls v. Tadman, 762 F.3d 778, 782-83 (8th Cir. 2014) (discussing requirements to establish failure-to-protect claim). 2 Accordingly, the judgment of the district court is affirmed, see 8th Cir. R. 47B, and Cook’s pending motion for counsel is denied.

1

. The Honorable Brian S. Miller, Chief Judge, United States District Court for the Eastern District of Arkansas, adopting the report and recommendation of the Honorable Joe J. Volpe, United States Magistrate Judge for the Eastern District of Arkansas.

2

. Cook has waived his remaining claims by not addressing them in his appellate filing wherein he seeks reversal of the dismissal of his lawsuit. See Hess v. Ables, 714 F.3d 1048, 1051 n.2 (8th Cir. 2013).

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PER CURIAM.

Arkansas inmate Don Cook appeals the district court’s 1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action. Reviewing de novo the grant of summary judgment, viewing the record in a light most favorable to Cook, and drawing all reasonable inferences in his favor, see Murchison v. Rogers, 779 F.3d 882, 886-87 (8th Cir. 2015), and also carefully considering Cook’s arguments for reversal, we agree with the district court that he failed to create any jury issues on his claims that Correctional Officer Travis Moore and Sergeant Tarence Whaley failed to protect him from an attack by other inmates, see Walls v. Tadman, 762 F.3d 778, 782-83 (8th Cir. 2014) (discussing requirements to establish failure-to-protect claim). 2 Accordingly, the judgment of the district court is affirmed, see 8th Cir. R. 47B, and Cook’s pending motion for counsel is denied.

1

. The Honorable Brian S. Miller, Chief Judge, United States District Court for the Eastern District of Arkansas, adopting the report and recommendation of the Honorable Joe J. Volpe, United States Magistrate Judge for the Eastern District of Arkansas.

2

. Cook has waived his remaining claims by not addressing them in his appellate filing wherein he seeks reversal of the dismissal of his lawsuit. See Hess v. Ables, 714 F.3d 1048, 1051 n.2 (8th Cir. 2013).

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667 F. App'x 891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/don-cook-v-travis-moore-ca8-2016.

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