Randall McArty v. William Straughn

623 F. App'x 830

• Court: Court of Appeals for the Eighth Circuit
• Decided: December 4, 2015
• Docket: 15-2259
• Status: Unpublished

Opinion

PER CURIAM.

Arkansas inmate Randall McArty appeals the district court’s 1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action in which he claimed that defendants failed to protect him from an attack by another inmate. Upon careful de novo review, see Paine v. Jefferson Nat. Life Ins. Co., 594 F.3d 989, 991-92 (2010), we conclude, for the reasons explained by the district .court, that defendants were not deliberately indifferent to a serious risk to McArty’s safety, see Tucker v. Evans, 276 F.3d 999, 1001 (8th Cir.2002). Accordingly, the judgment of the district court is affirmed. See 8th Cir. R. 47B. 2

2 . We do not consider the dismissal of certain claims and defendants for failure to state a claim and failure to exhaust administrative remedies because McArty did not raise these issues in his brief. See Jasperson v. Purolator Courier Corp., 765 F.2d 736, 740-41 (8th Cir. 1985).

1 . The Honorable J. Leon Holmes, United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Jerome T. Kear-ney, United States Magistrate Judge for the Eastern District of Arkansas.