United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 96-3846 ___________ Larry A. Eaton, * * Appellant, * * v. * * Lynne Delano, formerly the Secretary * of Corrections, State of South Dakota; * Joseph Class, as the Warden of South * Appeal from the United States Dakota State Penitentiary, Sioux Falls; * District Court for the Jim Smith, formerly the Warden of * District of South Dakota.

South Dakota State Correctional * Facility, Springfield; Daryl Slykhuis, * [UNPUBLISHED] as the Deputy Superintendent of * Programs; Patty Veatch, employee of * South Dakota State Penitentiary; Doug * Wynia, employee of Springfield * Correctional Facility, * * Appellees. * ___________ Submitted: February 13, 1998 Filed: March 27, 1998 ___________ Before BOWMAN, WOLLMAN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. ___________ PER CURIAM.

Larry A. Eaton appeals from the district court&s1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action against five South Dakota Department of Corrections employees and a mental health therapist working at the Department of Corrections. Eaton alleged defendants violated his Eighth Amendment and due process rights. Upon review of parties& submissions and briefs, we conclude the allegations in Eaton&s complaint are insufficient to state a claim for relief. See Handeen v. LeMaire, 112 F.3d 1339, 1346-47 (8th Cir. 1997) (holding that summary judgment may be affirmed where plaintiff&s factual allegations, though unchallenged, fail to state claim for relief). Accordingly we affirm. See 8th Cir. R. 47B.

A true copy.

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

The Honorable John B. Jones, United States District Judge for the District of South Dakota. -2-