Jerome J. Little, II v. Frank Atkinson, No. 05-3166 (8th Cir. 2006)

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Court Description: Prisoner case - prisoner civil rights. Dismissal of Section 1983 claim affirmed without comment.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-3166 ___________ Jerome J. Little, II, * * Appellant, * * Appeal from the United States v. * District Court for the * Western District of Arkansas. Frank Atkinson; James Rush; Sebastian * [UNPUBLISHED] County; Unknown Defendants, * * Appellees. * ___________ Submitted: March 17, 2006 Filed: April 20, 2006 ___________ Before WOLLMAN and RILEY, Circuit Judges, and ROSENBAUM,1 District Judge. ___________ PER CURIAM. Jerome J. Little II appeals from the district court s2 dismissal of his 42 U.S.C. § 1983 conditions of confinement claim. For reversal, Little argues that the clear weight of the evidence does not support the judgment. Having carefully reviewed the 1 The Honorable James M. Rosenbaum, Chief Judge, United States District Court for the District of Minnesota, sitting by designation. 2 The Honorable Beverly Stites Jones, United States Magistrate Judge for the Western District of Arkansas, to whom this case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c). record and the parties briefs, we conclude that the district court s findings of fact are not clearly erroneous and that the evidence presented supports the district court s judgment. Accordingly, we affirm the judgment on the basis of the district court s thorough memorandum opinion. See 8th Cir. Rule 47B. ______________________________ -2-

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