Benito Cardenas-Hernandez v. Officer McHenry, et al, No. 08-3693 (8th Cir. 2009)
Annotate this CaseCourt Description: Prisoner case - prisoner civil rights. Dismissal of Section 1983 action affirmed without comment.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-3693 ___________ Benito Cardenas-Hernandez, * * Appellant, * * Appeal from the United States v. * District Court for the * Western District of Arkansas. Officer McHenry, D6; Sgt. Ritter; Sgt. * Moore; Officer Pruitt; Frank Atkinson, * [UNPUBLISHED] Sheriff; Crystal Reed, Nurse, * * Appellees. * ___________ Submitted: November 20, 2009 Filed: November 25, 2009 ___________ Before BYE, BOWMAN, and BENTON, Circuit Judges. ___________ PER CURIAM. Arkansas inmate Benito Cardenas-Hernandez appeals the district court s1 dismissal of his 42 U.S.C. ยง 1983 action following an evidentiary hearing. Having carefully reviewed the record and considered Cardenas-Hernandez s arguments, we 1 The Honorable Robert T. Dawson, United States District Judge for the Western District of Arkansas, adopting the report and recommendations of the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas. find no basis for reversal. See Choate v. Lockhart, 7 F.3d 1370, 1373 & n.1 (8th Cir. 1993) (standard of review). The other challenged orders resulted in no reversible error, and appellant improperly attempts to raise some issues for the first time on appeal, which we will not consider. Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-
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