United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________

No. 95-4068 ___________

Sanders McDaniel Carter, * * Appellant, * * v. * * Appeal from the United States Y. Monk, L.P.N., Cummins Unit, * District Court for the Arkansas Department of * Eastern District of Arkansas Correction; D. Penick, Sgt., * Cummins Unit, Arkansas * [UNPUBLISHED] Department of Correction, * * Appellees. * ___________

Submitted: April 7, 1997

Filed: May 1, 1997 ___________

Before McMILLIAN, FAGG, and LOKEN, Circuit Judges. ___________

PER CURIAM.

Sanders McDaniel Carter appeals from the final order of the United States District Court1 for the Eastern District of Arkansas, granting judgment to defendants following an evidentiary hearing in this 42 U.S.C. § 1983 action. Carter claimed defendants were deliberately indifferent to his serious medical need in violation of the Eighth Amendment. After carefully reviewing the record,

1 The Honorable William R. Wilson, Jr., United States District Judge for the Eastern District of Arkansas, adopting the findings and recommendations of the Honorable Henry L. Jones, Jr., United States Magistrate Judge for the Eastern District of Arkansas. including the hearing transcript, we affirm on the basis of the district court's order. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

-2-