James Shields v. Steve Long, No. 11-1095 (8th Cir. 2012)

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Court Description: Civil Case - civil rights. Adverse grant of summary judgment is summarily affirmed. Motions for reconsideration of injunctive relief and for appointment of counsel are denied.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 11-1095 ___________ James Lee Shields, Appellant, v. Steve Long, Assistant Director, Missouri Department of Correction; Pat Smith, Superintendent of Operations; Fred Johnson, Superintendent I; Don Roper, Superintendent; Unknown Mailroom Personnel; Chuck Dwyer, Associate Superintendent of Offenders Management; Ian Wallace, Functional Unit Manager; Steve Larkins, Associate Superintendent; Sharon Gifford, Functional Unit Manager; Ron Nixon, Grievance Officer; Michael J. Layton, Functional Unit Manager; Robert Savage, Grievance Officer; Tim Watson, Classification Assistant; Tim Lancaster, Correctional Officer II; Freda Moore, Classification Caseworker; Linda Edgar, Classification Caseworker; Linda Wilkson, Functional Unit Manager; Gwen Botkin, Librarian; Unknown Hodges, Sergeant, Food Service Worker Supervisor and Correctional * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Appeal from the United States District Court for the Eastern District of Missouri. [UNPUBLISHED] Officer II; Sharon Sansoucie, * Correctional Officer I and Mailroom * Supervisor; Unknown Dicus, Sergeant, * Property Room Supervisor and * Correctional Officer II; Unknown Rush, * Correctional Officer I; B. Halbert, * Grievance Officer and Correctional * Officer I; Philip Nixon, Functional * Unit Manager; Elaini Dix, Correctional * Classification Assistant; John Doe, * Associate Superintendent of Offenders * Management; Lay Short, Caseworker; * H. Hammond, Mailroom Personnel; * Sharon Sanscraw, Mailroom * Supervisor, * Submitted: February 6, 2012 Filed: February 9, 2012 ___________ Before MURPHY, ARNOLD, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Inmate James Lee Shields appeals following the district court s1 adverse grant of summary judgment in his action under 42 U.S.C. ยงยง 1983, 1985, and 1986. Upon de novo review, see McAdams v. McCord, 584 F.3d 1111, 1113 (8th Cir. 2009) (Fed. R. Civ. P. 12(b)(6) motion); Mason v. Corr. Med. Servs., Inc., 559 F.3d 880, 884-85 (8th Cir. 2009) (summary judgment motion), we find no basis, and Shields has 1 The Honorable Carol E. Jackson, United States District Judge for the Eastern District of Missouri. -2- provided none, for overturning the orders he challenges.2 The district court is affirmed, see 8th Cir. R. 47B, and we deny Shields s motions for reconsideration of injunctive relief and for appointment of counsel. ______________________________ 2 Shields has waived any challenge to the preservice dismissal of some defendants and to the dismissal of others for failure to serve. See Griffith v. City of Des Moines, 387 F.3d 733, 739 (8th Cir. 2004). -3-

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