Kevin Fernandez v. State of North Dakota, No. 15-1522 (8th Cir. 2015)

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Court Description: Per Curiam - Before Wollman, Smith and Benton, Circuit Judges] Prisoner case - Prisoner civil rights. Defendants' summary judgment affirmed without comment. [ September 08, 2015

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-1522 ___________________________ Kevin Fernandez lllllllllllllllllllll Plaintiff - Appellant v. State of North Dakota; North Dakota Department of Corrections and Rehabilitation; Leann K. Bertsch; Deputy Warden Branson; Unit Manager Conway; Deputy Warden Foster; Senior Correctional Officer Ross; Warden Schmalenberger; Correctional Caseworker Schwere lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the District of North Dakota - Bismarck ____________ Submitted: September 8, 2015 Filed: September 9, 2015 [Unpublished] ____________ Before WOLLMAN, SMITH, and BENTON, Circuit Judges. ____________ PER CURIAM. Inmate Kevin Fernandez appeals the district court’s1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action. Having jurisdiction under 28 U.S.C. § 1291, this court has conducted de novo review of the record, see Murchison v. Rogers, 779 F.3d 882, 886-87 (8th Cir. 2015), and has carefully considered Fernandez’s arguments for reversal. The judgment is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Daniel L. Hovland, United States District Judge for the District of North Dakota, adopting the report and recommendations of the Honorable Charles S. Miller, Jr., United States Magistrate Judge for the District of North Dakota. -2-

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