United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 97-3634 ___________ James Spann, * * Appellant, * * v. * * Appeal from the United States James Purkett, Superintendent, FCC; * District Court for the Mike Gann, CCA, Farmington * Eastern District of Missouri.

Correctional Center; Don Smith, CCA, * [UNPUBLISHED] Farmington Correctional Center; * Gordon Lewis, Lt., Farmington * Correctional Center; Marvin Johnson, * CO 1, Farmington Correctional Center, * * Appellees. * ___________ Submitted: May 6, 1998 Filed: May 11, 1998 ___________ Before BOWMAN, Chief Judge, WOLLMAN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. ___________ PER CURIAM.

Missouri inmate James Spann appeals the district court&s1 grant of summary judgment in favor of defendants in his 42 U.S.C. § 1983 action. After careful review of the record and the parties& submissions, we conclude that the district court properly granted defendants summary judgment on Spann&s failure-to-protect claim, as Spann failed to produce evidence from which a jury could conclude that defendants acted with deliberate indifference to a substantial risk of harm from other inmates. See Jackson v. Everett, No. 97-2359, 1998 WL 156395, slip op. at 3 (8th Cir. Apr. 7, 1998).

Accordingly, the judgment is affirmed. See 8th Cir. R. 47B.

A true copy.

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

The Honorable E. Richard Webber, United States District Judge for the Eastern District of Missouri.

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