James Phillips v. Sheila Woodard

• Court: Court of Appeals for the Eighth Circuit
• Decided: March 25, 2021
• Docket: 20-2995
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 20-2995 ___________________________

James H. Phillips

lllllllllllllllllllllPlaintiff - Appellant

v.

Sheila Woodard, Doctor, Forrest City Medium; Michelle Hickerson, Nurse Practitioner, Forrest City Medium, also known as M. Hickerson; United States of America

lllllllllllllllllllllDefendants - Appellees ____________

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

Submitted: March 22, 2021 Filed: March 25, 2021 [Unpublished] ____________

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

PER CURIAM. Former federal inmate James H. Phillips appeals the district court’s1 adverse grant of summary judgment in his action under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), and the Federal Tort Claims Act (FTCA). Phillips has abandoned his FTCA claim, see Hess v. Ables, 714 F.3d 1048, 1051 n.2 (8th Cir. 2013) (abandonment of claim); and we find no basis for overturning the district court’s well-reasoned determination that defendants were entitled to summary judgment on his Bivens claims, see Cullor v. Baldwin, 830 F.3d 830, 836 (8th Cir. 2016) (de novo review). The judgment is affirmed. 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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