PHILLIPS v. WOODARD (2021)

United States Court of Appeals, Eighth Circuit.

James H. PHILLIPS Plaintiff-Appellant v. Sheila WOODARD, Doctor, Forrest City Medium; Michelle Hickerson, Nurse Practitioner, Forrest City Medium, also known as M. Hickerson; United States of America Defendants-Appellees

No. 20-2995

Decided: March 25, 2021

Before GRUENDER, WOLLMAN, and GRASZ, Circuit Judges.

Counsel who presented argument on behalf of the appellant was Keith P. O'Connor, of Kansas City, MO. The following attorney(s) appeared on appellant's brief; Keith P. O'Connor, of Kansas City, MO. Counsel who presented argument on behalf of the appellee was John Benton Hurst, AUSA, of Kansas City, MO. The following attorney(s) appeared on appellee's brief; John Benton Hurst, AUSA, of Kansas City, MO.

[Unpublished]

Former federal inmate James H. Phillips appeals the district court's ¹ adverse grant of summary judgment in his action under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), and the Federal Tort Claims Act (FTCA). Phillips has abandoned his FTCA claim, see Hess v. Ables, 714 F.3d 1048, 1051 n.2 (8th Cir. 2013) (abandonment of claim); and we find no basis for overturning the district court's well-reasoned determination that defendants were entitled to summary judgment on his Bivens claims, see Cullor v. Baldwin, 830 F.3d 830, 836 (8th Cir. 2016) (de novo review). The judgment is affirmed. See 8th Cir. R. 47B.

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 Patricia S. Harris, United States Magistrate Judge for the Eastern District of Arkansas.

PER CURIAM.

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