STEPHENS v. EARU ADC (2019)

United States Court of Appeals, Eighth Circuit.

Larry W. STEPHENS Plaintiff - Appellant v. DOES, Lieutenant, EARU; Disciplinary Server, Varner Unit; Maurice Williams, Major, McPherson Unit; Franklin Christopher Budnik, Deputy Warden, Cummins Unit Defendants Jeremy Andrews, Warden, EARU; James Dycus, Deputy Warden, EARU (originally named as Dycus) Defendants - Appellees Asa Hutchinson, Governor, State of Arkansas Defendant Valerie Westbrook, CO, EARU (originally named as V Westbrook) Defendant - Appellee James Gibson, Warden, Varner Unit Defendant Dale Reed, Deputy Director, ADC Defendant - Appellee Micheal Richerson, Captain, Varner Unit; Tony McHan, Deputy Warden, Varner Max Defendants Wendy Kelley, Director, ADC (originally named as Wendy Kelly) Defendant - Appellee Keith Waddle, Disciplinary Judge, ADC Defendant Danny Morment, Sergeant, EARU (originally named as Danny Norment); Lester Allen, Sergeant, EARU (originally named as Allen); Tyrone Allison, Lieutenant, EARU (originally named as Allison); David Knott, Major, EARU; Seccer Cole, Sergeant, EARU (originally named as Cole); Graham, Sergeant, EARU (originally named as Gork) Defendants - Appellees Randle, Sergeant, EARU Defendant Amanda Granger, Lieutenant, EARU (originally named as Granger) Defendant - Appellee Rita Washington, Disciplinary Server, EARU; Joanna Franklin, Disciplinary Judge, ADC Defendants

No. 18-3380

Decided: September 17, 2019

Before LOKEN, GRUENDER, and KOBES, Circuit Judges. Larry W. Stephens, Pro Se Robert Thomas James, Attorney General's Office, Little Rock, AR, for Defendants-Appellees

Arkansas inmate Larry Stephens appeals following the district court's ¹ adverse judgment in his 42 U.S.C. § 1983 action. Stephens raised claims regarding exposure to sewage floods in his cell, denial of cleaning supplies after flooding, and denial of access to showers after flooding, as well as several unrelated claims. The district court initially dismissed the unrelated claims without prejudice, and we find no abuse of discretion in this dismissal, see Strandlund v. Hawley, 532 F.3d 741, 745 (8th Cir. 2008) (standard of review). The district court then granted summary judgment on Stephens's sewage-related claims, finding that he failed to exhaust his administrative remedies. We have reviewed the district court's order and we find no error. Affirmed. See 8th Cir. R. 47B. We deny Stephens's motion for review of the prison video footage.

FOOTNOTES

1.   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 Deere, United States Magistrate Judge for the Eastern District of Arkansas.

PER CURIAM.