James Raper, Jr. v. Tina Maxwell

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-1011 ___________________________

James M. Raper, Jr.

lllllllllllllllllllllPlaintiff - Appellant

v.

Tina Maxwell, Treatment Supervisor, Southwest Arkansas Community Correction Center; Warden J. Minors, Southwest Arkansas Community Correction Center

lllllllllllllllllllllDefendants - Appellees ____________

Appeal from United States District Court for the Western District of Arkansas - Texarkana ____________

Submitted: April 5, 2023 Filed: April 10, 2023 [Unpublished] ____________

Before KELLY, ERICKSON, and STRAS, Circuit Judges. ____________

PER CURIAM.

James Raper, Jr., appeals the district court’s1 dismissal of his complaint against prison officials for failing to provide enough exercise time. Having carefully

1 The Honorable Susan O. Hickey, Chief Judge, United States District Court for the Western District of Arkansas, adopting the report and recommendations of reviewed the record and the parties’ arguments on appeal, we conclude that qualified immunity applies. See Fed. R. Civ. P. 12(b)(6); Kulkay v. Roy, 847 F.3d 637, 641– 42 (8th Cir. 2017) (reviewing the failure to state a claim de novo and explaining that a right must be clearly established for an alleged violation to defeat qualified immunity). We accordingly affirm the judgment of the district court. See 8th Cir. R. 47B. ______________________________

the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. -2-