Alan Doering v. Bill Hollenbeck, No. 16-3880 (8th Cir. 2017)
Annotate this CaseCourt Description: Per Curiam - Before Loken, Arnold and Murphy, Circuit Judges] Prisoner case - Prisoner civil rights. Defendants' summary judgment affirmed without comment, but the dismissal of certain claims the court found had not been administratively exhausted is modified to a dismissal without prejudice. [ June 29, 2017
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-3880 ___________________________ Alan Lewis Doering lllllllllllllllllllll Plaintiff - Appellant v. Bill Hollenbeck, Sheriff lllllllllllllllllllll Defendant - Appellee Jane Does, Head Nurse and Nurse located at Sebastian County Jail lllllllllllllllllllll Defendant Officer John Devane; William Hayes, Dr.; Tim Grant; Director of Nurses Cindy Moore lllllllllllllllllllll Defendants - Appellees Ana Bazar lllllllllllllllllllll Defendant Officer John Schuch lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the Western District of Arkansas - Ft. Smith ____________ Submitted: June 27, 2017 Filed: June 30, 2017 [Unpublished] ____________ Before LOKEN, ARNOLD, and MURPHY, Circuit Judges. ____________ PER CURIAM. Arkansas inmate Alan Lewis Doering appeals the district court’s1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action arising from his pretrial detention at the Sebastian County Detention Center. Upon de novo review of the record, we find no basis for overturning the district court’s disposition of Mr. Doering’s claims. See Cullor v. Baldwin, 830 F.3d 830, 836 (8th Cir. 2016) (in considering summary judgment, viewing record in light most favorable to nonmoving party and drawing all reasonable inferences from it in his favor). The judgment of the district court is affirmed, but we amend the dismissal of the claims that the district court found had not been administratively exhausted, to be without prejudice. See 8th Cir. R. 47B. ______________________________ 1 The Honorable P.K. Holmes, III, Chief Judge, United States District Court for the Western District of Arkansas, adopting the report and recommendations of the Honorable Mark E. Ford, United States Magistrate Judge for the Western District of Arkansas. -2-
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