United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 96-3242 ___________ D'Elegance Sutherlin, * * Appellant, * * Appeal from the United States v. * District Court for the * District of Minnesota.

Frank W. Wood; Dennis L. Benson; * Linda Harder, * [UNPUBLISHED] * Appellees. * ___________ Submitted: June 30, 1997 Filed: July 28, 1997 ___________ Before HANSEN, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges. ___________ PER CURIAM.

D'Elegance Sutherlin, a Minnesota inmate, appeals from the district court's1 order granting defendants' motion for summary judgment in this 42 U.S.C. § 1983 action.

Having carefully reviewed the record and the parties' submissions, we conclude that

The Honorable David S. Doty, United States District Judge for the District of Minnesota, adopting the report and recommendation of the Honorable Jonathan G.

Lebedoff, United States Magistrate Judge for the District of Minnesota. summary judgment was proper and that an extended discussion is not necessary.

Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.

A true copy.

Attest:

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

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