Tommy Smith v. Michael Deloney

Eighth Circuit

Tommy Smith v. Michael Deloney

333 F. App'x 144

CourtCourt of Appeals for the Eighth Circuit

DecidedOctober 8, 2009

Docket08-3699

StatusUnpublished

This text of 333 F. App'x 144 (Tommy Smith v. Michael Deloney) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Tommy Smith v. Michael Deloney, 333 F. App'x 144 (8th Cir. 2009).

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Opinion

PER CURIAM.

Inmate Tommy D. Smith appeals the district court’s 1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action. The district court granted summary judgment after finding that Smith had failed to exhaust his administrative remedies as required by 42 U.S.C. § 1997e(a), and on appeal Smith fails to address this issue. Therefore, he has abandoned the issue for purposes of this appeal, see Jasperson v. Purolator Courier Corp., 765 F.2d 736, 740 (8th Cir.1985) (issues not raised on appeal are deemed abandoned). Because this was the only issue decided by the district court and it is dispositive, we affirm.

Accordingly, we affirm.

1

. The Honorable James M. Moody, United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Jerry W. Cava-neau, United States Magistrate Judge for the Eastern District of Arkansas.

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PER CURIAM.

Inmate Tommy D. Smith appeals the district court’s 1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action. The district court granted summary judgment after finding that Smith had failed to exhaust his administrative remedies as required by 42 U.S.C. § 1997e(a), and on appeal Smith fails to address this issue. Therefore, he has abandoned the issue for purposes of this appeal, see Jasperson v. Purolator Courier Corp., 765 F.2d 736, 740 (8th Cir.1985) (issues not raised on appeal are deemed abandoned). Because this was the only issue decided by the district court and it is dispositive, we affirm.

Accordingly, we affirm.

1

. The Honorable James M. Moody, United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Jerry W. Cava-neau, United States Magistrate Judge for the Eastern District of Arkansas.

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333 F. App'x 144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tommy-smith-v-michael-deloney-ca8-2009.

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