U.S. Court of Appeals for the Eighth Circuit, 2020

Robert Johnson, Jr. v. Dexter Payne

Robert Johnson, Jr. v. Dexter Payne
U.S. Court of Appeals for the Eighth Circuit · Decided May 1, 2020

Robert Johnson, Jr. v. Dexter Payne

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-3186 ___________________________ Robert Lee Johnson, Jr. lllllllllllllllllllllPlaintiff - Appellant v. Dexter Payne, Director, ADC; Rory Griffin, Medical Director, ADC; Ronald Stukey, Doctor, Randall L. Williams Unit (Originally named as Stukey) lllllllllllllllllllllDefendants - Appellees Ayman Alshami, Cardiologist, Jefferson Regional Medical Center (Originally named as Alshami) lllllllllllllllllllllDefendant Patti Conley, Health Care Administrator, Randall L. Williams Unit (Originally named as Conley); Gaylon Lay, Warden, Randall L. Williams Unit lllllllllllllllllllllDefendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Arkansas - Pine Bluff ____________ Submitted: April 28, 2020 Filed: May 1, 2020 [Unpublished] ____________ Before BENTON, WOLLMAN, and GRASZ, Circuit Judges. ____________ PER CURIAM.

In this 42 U.S.C. § 1983 action, Arkansas inmate Robert Lee Johnson, Jr. appeals following the district court’s1 adverse grant of summary judgment. Johnson offers no valid basis for reversal, and we find none. See Brewington v. Keener, 902 F.3d 796, 800 (8th Cir. 2018) (reviewing de novo grant of summary judgment, drawing all reasonable inferences, without resorting to speculation, in nonmoving party’s favor); see also Giles v. Godinez, 914 F.3d 1040, 1053 (7th Cir. 2019) (court may, in its discretion, appoint expert witness when expert’s specialized knowledge will assist court in understanding evidence or deciding facts at issue); Phillips v. Jasper Cty. Jail, 437 F.3d 791, 794 (8th Cir. 2006) (reviewing for abuse of discretion denial of appointment of counsel in civil case; listing criteria). The judgment is affirmed, see 8th Cir. R. 47B, and Johnson’s pending motion for appointment of counsel is denied as moot. ______________________________

The Honorable James M. Moody, Jr., United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Beth M. Deere, United States Magistrate Judge for the Eastern District of Arkansas.

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