U.S. Court of Appeals for the Eighth Circuit, 2008

Tonnie Brown, III v. George Wilson

Tonnie Brown, III v. George Wilson
U.S. Court of Appeals for the Eighth Circuit · Decided July 10, 2008 · Murphy, Colloton, Shepherd
283 F. App'x 424

Tonnie Brown, III v. George Wilson

Opinion

PER CURIAM.

In this 42 U.S.C. § 1983 action, Arkansas inmate Tonnie Brown, III, appeals the district court’s 1 adverse grant of summary judgment in favor of defendants George Wilson, Max J. Mobley, Charlotte Green, Nnamdi Ifediora, and Jodie Lafevers. Having carefully reviewed the record and considered Brown’s arguments, we conclude that the grant of summary judgment was proper and that an extended opinion is not warranted. See Popoalii v. Corr. Med. Servs., 512 F.3d 488, 499 (8th Cir. 2008) (de novo review). Accordingly, we affirm. See 8th Cir. R. 47B.

Also pending is a motion to dismiss appellees James Hippie and Mark Warner, who were dismissed prior to the grant of summary judgment, for lack of exhaustion of administrative remedies, in an order that was not designated in the notice of appeal. The remaining appellees were all voluntarily dismissed or were dismissed prior to the grant of summary judgment in orders that were similarly not designated in the notice of appeal and that are not at issue in this appeal. See Fed. R.App. P. 3(c)(1)(B); Berdella v. Delo, 972 F.2d 204, *426 207-08 (8th Cir. 1992). Accordingly, we grant the pending motion, and we sua sponte dismiss the other remaining defendants/appellees from this appeal.

1

. The Honorable Henry L. Jones, Jr., 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).

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