Christopher Thornsberry v. Gary Kerstein, No. 21-3434 (8th Cir. 2022)
Annotate this CaseCourt Description: [Per Curiam -Before Shepherd, Kelly, and Stras, Circuit Judges] Prisoner case - Prisoner civil rights. Order granting defendants summary judgment on the ground plaintiff failed to exhaust his administrative remedies is affirmed without comment. [ April 28, 2022 ]
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 21-3434 ___________________________ Christopher Thornsberry lllllllllllllllllllllPlaintiff - Appellant v. Gary Kerstein, Doctor/Provider, ADC and WellPath; Terri Moody; Tracy Bennett, Doctor/Provider or APN, ADC and WellPath; Anthony Jackson, Deputy Warden, Eastern Arkansas Regional Unit/ ADC; Morieon Kelly, Captain; Benjamin R. Woodard, Sergeant lllllllllllllllllllllDefendants - Appellees Jeffrey Stieve lllllllllllllllllllllDefendant ____________ Appeal from United States District Court for the Eastern District of Arkansas - Delta ____________ Submitted: April 27, 2022 Filed: April 29, 2022 [Unpublished] ____________ Before SHEPHERD, KELLY, and STRAS, Circuit Judges. ____________ PER CURIAM. In this 42 U.S.C. § 1983 action, Arkansas inmate Christopher Thornsberry appeals after the district court’s1 adverse grant of summary judgment for failure to exhaust administrative remedies. After careful review of the record and the parties’ arguments on appeal, we find no basis for reversal. See Townsend v. Murphy, 898 F.3d 780, 783 (8th Cir. 2018) (reviewing de novo grant of summary judgment based on failure to exhaust). Accordingly, we affirm. See 8th Cir. R. 47B. We also deny the pending motions for oral argument and to dismiss the appeal. ______________________________ 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 Edie R. Ervin, United States Magistrate Judge for the Eastern District of Arkansas. -2-
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