U.S. Court of Appeals for the Eighth Circuit, 2010

Jimmie McGee-El v. Chandra Hartegan

Jimmie McGee-El v. Chandra Hartegan
U.S. Court of Appeals for the Eighth Circuit · Decided June 24, 2010 · Wollman, Colloton, Gruender
382 F. App'x 530

Jimmie McGee-El v. Chandra Hartegan

Opinion

PER CURIAM.

Missouri inmate Jimmie McGee-El (McGee) appeals the district court’s 1 dismissal of his 42 U.S.C. § 1983 civil action. After careful de novo review, see Strand v. Diversified Collection Serv., Inc., 380 F.3d 316, 317 (8th Cir. 2004), we conclude that (1) McGee’s retaliatory-discipline claims were properly dismissed because there was “some evidence” to find him guilty of *531 violating prison rules, see Henderson v. Baird, 29 F.3d 464, 469 (8th Cir. 1994); (2) his due process challenge to the disciplinary hearing is also meritless, because McGee failed to show that he had a protected liberty interest in avoiding the resulting punishment, see Lomholt v. Holder, 287 F.3d 683, 684 (8th Cir. 2002) (per curiam); Kennedy v. Blankenship, 100 F.3d 640, 642-43 & n. 2 (8th Cir. 1996); and (3) the district court was not required to rule on discovery motions before dismissing the complaint, see First Commercial Trust Co. v. Colt’s Mfg. Co., 77 F.3d 1081, 1083 n. 4 (8th Cir. 1996), or to provide McGee with a list of deficiencies. Finally we do not consider the claims that either have been abandoned or are first raised on appeal.

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

1

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.