Raphael Mendez v. FMC Rochester

• Court: Court of Appeals for the Eighth Circuit
• Decided: October 20, 2022
• Docket: 22-2248
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 22-2248 ___________________________

Raphael Mendez

lllllllllllllllllllllPlaintiff - Appellant

v.

FMC Rochester, Minnesota; Mr. Beadling, Correctional Officer; Steve Kallis, Warden, SiS; Mr. C. Orum, Unit 1/2 Manager

lllllllllllllllllllllDefendants - Appellees ____________

Appeal from United States District Court for the District of Minnesota ____________

Submitted: October 13, 2022 Filed: October 20, 2022 [Unpublished] ____________

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

PER CURIAM.

Raphael Mendez appeals the district court’s1 dismissal of his complaint against Federal Medical Center Rochester and three staff members. Having

1 The Honorable Katherine M. Menendez, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable John F. Docherty, United States Magistrate Judge for the District of Minnesota. carefully reviewed the record and the parties’ arguments on appeal, we conclude the complaint failed to state a claim upon which relief could be granted. See Star City Sch. Dist. v. ACI Bldg. Sys., LLC, 844 F.3d 1011, 1016 (8th Cir. 2017) (reviewing a dismissal for failure to state a claim de novo); see also Russell v. Anderson, 966 F.3d 711, 720 (8th Cir. 2020) (applying the plain-error standard to unpreserved issues in civil cases). We accordingly affirm the judgment of the district court. See 8th Cir. R. 47B. ______________________________

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