U.S. Court of Appeals for the Eighth Circuit, 2007

Vincent Hussey v. Marvin Evans

Vincent Hussey v. Marvin Evans
U.S. Court of Appeals for the Eighth Circuit · Decided July 19, 2007 · Murphy, Smith, Shepherd
228 F. App'x 636

Vincent Hussey v. Marvin Evans

Opinion

PER CURIAM.

Arkansas inmate Vincent Hussey appeals the district court’s 1 orders granting summary judgment to one defendant, and dismissing without prejudice another defendant for failure to serve process; and the district court’s 2 subsequent adverse grant of summary judgment to the remaining defendants. Having carefully reviewed the record, we affirm. See Johnson v. Blaukat, 453 F.3d 1108, 1112 (8th Cir. 2006) (summary judgment standard of review); Lee v. Armontrout, 991 F.2d 487, 489 (8th Cir. 1993) (per curiam) (it is in forma pauperis plaintiffs responsibility to provide proper address for service). 3

*637 Accordingly, we affirm. See 8th Cir. R. 47B.

1

. The Honorable William R. Wilson, Jr., United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Jerry W. Cavaneau, United States Magistrate Judge for the Eastern District of Arkansas.

2

. The Honorable Jerry W. Cavaneau, United States Magistrate Judge for the Eastern District of Arkansas, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c).

3

. We decline to address the allegations Hussey raises for the first time on appeal. See *637 Naucke v. City of Park Hills, 284 F.3d 923, 927 n. 2 (8th Cir. 2002).

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