James Johnson v. Gregory Harmon, No. 05-3189 (8th Cir. 2006)
Annotate this CaseCourt Description: Prisoner case - prisoner civil rights. Defendants' judgment affirmed without comment.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-3189 ___________ James Johnson, also known as Seifullah * Aziz Ali Diaab, * * Appellant, * * v. * * Gregory Harmon, Warden, Arkansas * Department of Correction; Justine * Minor, Major Disciplinary Hearing * Officer, Arkansas Department of * Correction; J. D. Kleiner, Field * Major, Arkansas Department of * Correction; Robert Clark, Major * Disciplinary Hearing Officer * Administrator, Arkansas Department * of Correction; Larry Norris, Director, * Arkansas Department of Correction; * K. Waddle, Major Disciplinary Hearing * Officer, Arkansas Department of * Correction; V. Kelly, Correctional * Officer II, Maximum Security Unit * at Tucker, Arkansas Department of * Correction; Ray Hobbs, Deputy * Assistant Director, Arkansas * Department of Correction; Rick L. * Toney, Warden, Arkansas Department * of Correction; F. Preston, Ms., Unit * Property Control Officer, Varner Unit, * Arkansas Department of Correction; * Freyder, Mr., Chaplain, Arkansas * Department of Correction, * * Appellees. * Appeal from the United States District Court for the Eastern District of Arkansas. [UNPUBLISHED] ___________ Submitted: November 1, 2006 Filed: November 14, 2006 ___________ Before SMITH, MAGILL, and BENTON, Circuit Judges. ___________ PER CURIAM. Arkansas inmate James Johnson filed a 42 U.S.C. ยง 1983 action against employees of the Arkansas Department of Correction, alleging he was denied due process, equal protection, and freedom of religion. The district court1 dismissed the action following an evidentiary hearing. Because Johnson did not make a jury demand, we review the district court s factual findings for clear error and its conclusions of law de novo. See Choate v. Lockhart, 7 F.3d 1370, 1373 & n.1 (8th Cir. 1993). After careful review of the record, we find no error in the district court s well-reasoned decision, and we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable J. Leon Holmes, Chief Judge, United States District Court for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable J. Thomas Ray, United States Magistrate Judge for the Eastern District of Arkansas. -2-
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