Thelma Williams, Jr. v. Barbara Smallwood, et al, No. 07-3218 (8th Cir. 2008)
Annotate this CaseCourt Description: Prisoner case - prisoner civil rights. Dismissal affirmed without comment.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 07-3218 ___________ Thelma Williams, Jr., * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. Barbara Smallwood, Mailroom, Varner * Unit, ADC; Johnson, Lt., Varner Unit, * [UNPUBLISHED] ADC; Karen Clark, Special Agent, * Arkansas State Police; Steven L. King, * Special Agent, Arkansas State Police; * Willie Hampton, ADC Staff Member, * * Appellees. * ___________ Submitted: December 3, 2008 Filed: December 8, 2008 ___________ Before WOLLMAN, SMITH, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Arkansas inmate Thelma Williams appeals the district court s1 dismissal of his 42 U.S.C. § 1983 complaint. After careful review, see Koehler v. Brody, 483 F.3d 1 The Honorable James M. Moody, United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable H. David Young, United States Magistrate Judge for the Eastern District of Arkansas. 590, 596 (8th Cir. 2007) (de novo review of dismissal for failure to state claim), we conclude that dismissal was proper, see Bell Atl. Corp. v. Twombly, 127 S. Ct. 1955, 1965 (2007) (to state claim, facts must be sufficient to raise right to relief above speculative level); Lewis v. Casey, 518 U.S. 343, 350-53 (1996) (to state access-tocourts claim, prisoner must allege actual injury, i.e., that a nonfrivolous legal claim had been frustrated or was being impeded ); Martin v. Sargent, 780 F.2d 1334, 1338 (8th Cir. 1985) ( Verbal threats are not constitutional violations cognizable under § 1983. ). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-
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