James Phillips v. Sheila Woodard, No. 20-2995 (8th Cir. 2021)

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Court Description: [Per Curiam - Before Gruender, Wollman, and Grasz, Circuit Judges] Civil case - Bivens. Defendants' summary judgment affirmed without comment. [ March 24, 2021 ]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-2995 ___________________________ James H. Phillips lllllllllllllllllllllPlaintiff - Appellant v. Sheila Woodard, Doctor, Forrest City Medium; Michelle Hickerson, Nurse Practitioner, Forrest City Medium, also known as M. Hickerson; United States of America lllllllllllllllllllllDefendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Arkansas - Delta ____________ Submitted: March 22, 2021 Filed: March 25, 2021 [Unpublished] ____________ Before GRUENDER, WOLLMAN, and GRASZ, Circuit Judges. ____________ PER CURIAM. Former federal inmate James H. Phillips appeals the district court’s1 adverse grant of summary judgment in his action under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (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. ______________________________ 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. -2-

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