Herbert Morrison, Jr. v. Andrew Hale

• Court: Court of Appeals for the Eighth Circuit
• Decided: January 8, 2020
• Docket: 19-1832
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 19-1832 ___________________________

Herbert W. Morrison, Jr.

lllllllllllllllllllllPlaintiff - Appellant

v.

Andrew J. Hale, Officer, Individual Capacity

lllllllllllllllllllllDefendant - Appellee

Timothy Sweeso, Officer, Individual Capacity; Shawn Reiland, Officer, Individual Capacity; Timothy Green, Officer, Individual Capacity; John Doe, 1-2; City of Florissant; Ashley Bailey-Smith, Assistant Prosecuting Attorney, Individual Capacity; Steven Grim, Officer, Individual Capacity; Tina M. Broadway; Robyn Ambs; Kathleen M. Pickett

lllllllllllllllllllllDefendants ____________

Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________

Submitted: December 30, 2019 Filed: January 8, 2020 [Unpublished] ____________

Before BENTON, KELLY, and GRASZ, Circuit Judges. ____________ PER CURIAM.

Missouri inmate Herbert Morrison appeals the district court’s1 discovery- related rulings and adverse grant of summary judgment in his 42 U.S.C. § 1983 action. We conclude the district court did not abuse its discretion in denying Morrison’s motions to compel. See Elnashar v. Speedway SuperAmerica, LLC, 484 F.3d 1046, 1052 (8th Cir. 2007) (reviewing denial of motion to compel for gross abuse of discretion). Further, having carefully reviewed the record and the arguments on appeal, we conclude the district court did not err in granting summary judgment. See Odom v. Kaizer, 864 F.3d 920, 921 (8th Cir. 2017) (reviewing grant of summary judgment de novo). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________

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

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