Johnny Tarkington v. Tim Mullins, et al, No. 10-2022 (8th Cir. 2010)

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Court Description: Civil Case - civil rights. Grant of summary judgment was properly granted for reasons stated by district court and the district court's order is summarily affirmed.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 10-2022 ___________ Johnny Tarkington, * * Appellant, * * Appeal from the United States v. * District Court for the Eastern * District of Arkansas. Tim Mullins, Former Infirmary * Manager, CMS; Neema Suphan, Dr.; * [UNPUBLISHED] Alva M. Green, Nurse, CMS; Wendy * Kelley, Assistant Director, Arkansas * Department of Correction; Vera Miller, * Nurse, Maximum Security Unit, ADC; * Mary Moore, Nurse, Maximum Security * Unit, ADC; Robert Rectenwald, Dr., * ADC (originally sued only as * Rectenwald); Roland Anderson, Dr., * ADC (originally sued as Anderson); * Rita Odom, Nurse, Maximum * Security Unit, ADC; Vesta Mullins, * Infirmary Manager, Tucker Unit, ADC; * David White, Warden, Tucker Unit, * ADC; Nnamdi Ifediora, Dr., Maximum * Security Unit, ADC; Juanita Stell, * Regional Ombudsman, ADC, * * Appellees. * ___________ Submitted: September 30, 2010 Filed: October 5, 2010 ___________ Before BYE, BOWMAN, and COLLOTON, Circuit Judges. ___________ PER CURIAM. Inmate Johnny Tarkington appeals the district court s1 adverse grant of summary judgment in his 42 U.S.C. ยง 1983 action. As to the claims Tarkington has not abandoned on appeal, see Carraher v. Target Corp., 503 F.3d 714, 716 n.2 (8th Cir. 2007), we find that summary judgment was properly granted for the reasons stated by the district court, see Popoalii v. Corr. Med. Servs., 512 F.3d 488, 499 (8th Cir. 2008) (de novo standard of review). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable J. Leon Holmes, Chief Judge, United States District Court for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Henry L. Jones, Jr., United States Magistrate Judge for the Eastern District of Arkansas, now retired. -2-

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