Reginald Dunahue v. William Straughn, No. 23-3221 (8th Cir. 2024)

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Court Description: [Per Curiam - Before Benton, Grasz, and Stras, Circuit Judges] Civil case - Civil rights. The district court did not err in dismissing some of plaintiff's claims for improper joinder or in granting summary judgment on the remaining claims.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 23-3221 ___________________________ Reginald L. Dunahue lllllllllllllllllllllPlaintiff - Appellant v. William F. Straughn, Deputy Director, ADC; Maurice Culclager, Warden, Brickeys, ADC; C. Johnson, Assistant Warden, Brickeys Max, ADC; Marcus Etherly, Captain, Brickeys Max, ADC; Richardson, Assistant Warden, Brickeys Max, ADC; Stephanie Palmer, Sgt., Brickeys Max, ADC; White, Sgt., Brickeys Max, ADC; Westbrook, Sgt., Brickeys Max, ADC; Tyrone Allison, Sgt./Major, Brickeys Max, ADC; Erma Bell, Captain, Brickeys Max, ADC; James Shipman, Warden, Brickeys, ADC; Moses Jackson, Warden, Brickeys Max, ADC; Swiney, Captain, Brickeys Max, ADC; Dexter Payne, Director, ADC lllllllllllllllllllllDefendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Arkansas ____________ Submitted: April 16, 2024 Filed: April 19, 2024 [Unpublished] ____________ Before BENTON, GRASZ, and STRAS, Circuit Judges. ____________ PER CURIAM. In this pro se 42 U.S.C. § 1983 action, Reginald Dunahue appeals the district court’s1 orders dismissing some of his claims for improper joinder and granting summary judgment on the remaining claims. Having carefully reviewed the record and the parties’ arguments on appeal, we find no basis for reversal. See Strandlund v. Hawley, 532 F.3d 741, 745 (8th Cir. 2008) (reviewing dismissal for misjoinder under abuse of discretion standard); Townsend v. Murphy, 898 F.3d 780, 783 (8th Cir. 2018) (reviewing grant of summary judgment de novo). Accordingly, we affirm the judgment of the district court, see 8th Cir. R. 47B, and we deny Dunahue’s motion for appointment of counsel as moot. ______________________________ 1 The Honorable Brian S. Miller, United States District Judge for the Eastern District of Arkansas, adopting the recommended disposition of the Honorable Edie R. Ervin, United States Magistrate Judge for the Eastern District of Arkansas. -2-

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