Vincent Hussey v. Marvin Evans, No. 06-2968 (8th Cir. 2007)
Annotate this CaseCourt Description: Prisoner case. Orders dismissing certain defendants and granting summary judgment to others are affirmed without comment.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 06-2968 ___________ Vincent Hussey, Appellant, v. Marvin Evans, Warden, Maximum Security Unit, ADC; Max Mobley, Deputy/Assistant Director, Arkansas Department of Correction; Sangoseni, Dr., Arkansas Department of Correction; Charlotte Green, Infirmary Administrator, Maximum Security Unit, ADC, originally Sued as C. Green ; Jonathan E. Simmons, Dr., Arkansas Department of Correction, originally sued as Simmons ; Tommy James, Asst. Warden, Maximum Security Unit, ADC (originally sued as James); Ophelia Grandy, Infirmary Manager, Maximum Security Unit, ADC, originally sued as O. Grandy ; John Byus, Director of Medical Care, Arkansas Department of Correction, Appellees. * * * * * * * * * * * * * * * * * * * * * * * * * * * * Appeal from the United States District Court for the Eastern District of Arkansas. [UNPUBLISHED] ___________ Submitted: July 13, 2007 Filed: July 19, 2007 ___________ Before MURPHY, SMITH, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Arkansas inmate Vincent Hussey appeals the district court s1 orders granting summary judgment to one defendant, and dismissing without prejudice another defendant for failure to serve process; and the district court s2 subsequent adverse grant of summary judgment to the remaining defendants. Having carefully reviewed the record, we affirm. See Johnson v. Blaukat, 453 F.3d 1108, 1112 (8th Cir. 2006) (summary judgment standard of review); Lee v. Armontrout, 991 F.2d 487, 489 (8th Cir. 1993) (per curiam) (it is in forma pauperis plaintiff s responsibility to provide proper address for service).3 Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable William R. Wilson, Jr., United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Jerry W. Cavaneau, United States Magistrate Judge for the Eastern District of Arkansas. 2 The Honorable Jerry W. Cavaneau, United States Magistrate Judge for the Eastern District of Arkansas, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. ยง 636(c). 3 We decline to address the allegations Hussey raises for the first time on appeal. See Naucke v. City of Park Hills, 284 F.3d 923, 927 n.2 (8th Cir. 2002). -2-
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