Reginald Dunahue v. Dexter Payne

• Court: Court of Appeals for the Eighth Circuit
• Decided: March 14, 2024
• Docket: 23-2840
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 23-2840 ___________________________

Reginald L. Dunahue

lllllllllllllllllllllPlaintiff - Appellant

v.

Dexter Payne, Director, Arkansas Department of Correction; Wendy Kelley, Former Director, Arkansas Department of Correction; Marshall Dale Reed, Chief Deputy, Arkansas Department of Correction; Jeremy C. Andrews, Warden, EARU, ADC; James Dycus, Deputy Warden, EARU, ADC; David Knott, Major, EARU, ADC

lllllllllllllllllllllDefendants - Appellees

Morieon Kelly, Captain, EARU, ADC

lllllllllllllllllllllDefendant

Stephanie Palmer, Sergeant, East Arkansas Maximum Security Unit, ADC

lllllllllllllllllllllDefendant - Appellee

Latosha Davis, Lieutenant, EARU, ADC; Kathy Baxter, Corporal/S.E.T. Team, East Arkansas Maximum Security Unit, ADC (originally named as K Baxter); Demarcus Lewis, Corporal/ S.E.T. Team, East Arkansas Maximum Security Unit, ADC; Terrence Akins, Corporal/ S.E.T. Team, East Arkansas Maximum Security Unit, ADC; Erma Bell, Kitchen Captain, EARU, ADC (originally named as Bell)

lllllllllllllllllllllDefendants

Emmer Branch, Deputy Warden, ADC, East Arkansas Regional Unit

lllllllllllllllllllllDefendant - Appellee Wallace McNary, Captain, ADC, East Arkansas Regional Unit

Georgette Broadway, Grievance Officer, ADC, East Arkansas Regional Unit

Justine Minor, Disciplinary Judge, ADC, East Arkansas Regional Unit

lllllllllllllllllllllDefendant ____________

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

Submitted: March 5, 2024 Filed: March 14, 2024 [Unpublished] ____________

Before COLLOTON,1 KELLY, and GRASZ, Circuit Judges. ____________

PER CURIAM.

1 Judge Colloton became chief judge of the circuit on March 11, 2024. See 28 U.S.C. § 45(a)(1).

-2- Reginald Dunahue appeals the district court’s2 orders dismissing some of his claims and granting summary judgment for the defendants on the remaining claims, in his pro se 42 U.S.C. § 1983 action. Having carefully reviewed the record and the parties’ arguments on appeal, we find no basis for reversal. See Townsend v. Murphy, 898 F.3d 780, 783 (8th Cir. 2018) (reviewing de novo grant of summary judgment); Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir. 2000) (reviewing de novo 28 U.S.C. § 1915(e)(2)(B) dismissal); Ash v. Anderson Merchandisers, LLC, 799 F.3d 957, 960 (8th Cir. 2015) (reviewing de novo dismissal for failure to state a claim). Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B. The request for oral argument is denied as moot. ______________________________

2 The Honorable D.P. Marshall Jr., then Chief Judge, now United States District Judge for the Eastern District of Arkansas, in part adopting the findings and recommendations of the Honorable Patricia S. Harris, United States Magistrate Judge for the Eastern District of Arkansas.

-3-