Tommy Smith v. Michael Deloney, et al, No. 08-3699 (8th Cir. 2009)
Annotate this CaseCourt Description: Civil Case - civil rights. Grant of summary judgment for failure to exhaust administrative remedies is affirmed, as appellant failed to address the issue on appeal and abandoned the issue.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-3699 ___________ Tommy D. Smith, * * Appellant, * * Appeal from the United States v. * District Court for the Eastern * District of Arkansas. Michael Deloney, Investigator, * Arkansas Department of Correction * [UNPUBLISHED] originally sued only as Deloney; * Cindy Courington, Investigator, * Arkansas Department of Correction * originally sued only as Courington, * * Appellees. * ___________ Submitted: October 8, 2009 Filed: October 8, 2009 ___________ Before BYE, BOWMAN, and BENTON, Circuit Judges. ___________ PER CURIAM. Inmate Tommy D. Smith appeals the district court s1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action. The district court granted summary 1 The Honorable James M. Moody, 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 Arkansans. judgment after finding that Smith had failed to exhaust his administrative remedies as required by 42 U.S.C. § 1997e(a), and on appeal Smith fails to address this issue. Therefore, he has abandoned the issue for purposes of this appeal, see Jasperson v. Purolator Courier Corp., 765 F.2d 736, 740 (8th Cir. 1985) (issues not raised on appeal are deemed abandoned). Because this was the only issue decided by the district court and it is dispositive, we affirm. Accordingly, we affirm. ______________________________ -2-
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