Frank Applewhite-Bey v. Lewis C. Tripoli, et al, No. 07-2163 (8th Cir. 2008)
Annotate this CaseCourt Description: Prisoner case - prisoner civil rights. Defendants' summary judgment on plaintiff's claims that they were deliberately indifferent to his medical needs is affirmed without comment.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 07-2163 ___________ Frank Applewhite-Bey, * * Appellant, * * Appeal from the United States v. * District Court for the * District of Minnesota. Lewis C. Tripoli, M.D.; Dean * Lee, M.D.; Correctional Medical * [UNPUBLISHED] Services, Inc., * * Appellees. * ___________ Submitted: June 26, 2008 Filed: July 10, 2008 ___________ Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Arkansas inmate Frank Applewhite-Bey appeals the district court s1 adverse grant of summary judgment in his 42 U.S.C. ยง 1983 action in which he had alleged that defendants were deliberately indifferent to his chronic dry-skin condition. He also appeals the denial of two of his motions. After carefully reviewing the record and 1 The Honorable David S. Doty, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Raymond L. Erickson, United States Magistrate Judge for the District of Minnesota. Applewhite-Bey s arguments, we find no basis for reversal of the order granting summary judgment. See Popoalii v. Corr. Med. Svcs., 512 F.3d 488, 499 (8th Cir. 2008) (standard of review). We also conclude that the district court did not abuse its discretion in denying the challenged motions. Accordingly, we affirm the judgment. See 8th Cir. R. 47B. We also deny the pending motion for oral argument. ______________________________ -2-
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