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Michael Dean v. Supt. Michael Bowersox, 13-3700 (2015)

Court: Court of Appeals for the Eighth Circuit Number: 13-3700 Visitors: 170
Filed: Feb. 02, 2015
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 13-3700 _ Michael A. Dean; Pat Edmonds lllllllllllllllllllll Plaintiffs - Appellants Jean P. Gibson Plaintiff v. Supt. Michael Bowersox; Patricia Cornell; Don Roper; Ricky Fisher; Terrena Ballinger; Mike Kemna; Dwayne Kempker; Greg Hadley; Troy Wade; John Rogers; Waylon Wilson; Kenneth Leeder; LaDonna M. Buckner; Princess Fahnestock; Missouri Department of Corrections lllllllllllllllllllll Defendants - Appellees _ Appeal from United Sta
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                United States Court of Appeals
                           For the Eighth Circuit
                       ___________________________

                               No. 13-3700
                       ___________________________

                        Michael A. Dean; Pat Edmonds

                     lllllllllllllllllllll Plaintiffs - Appellants

                                  Jean P. Gibson

                                      Plaintiff

                                          v.

  Supt. Michael Bowersox; Patricia Cornell; Don Roper; Ricky Fisher; Terrena
   Ballinger; Mike Kemna; Dwayne Kempker; Greg Hadley; Troy Wade; John
   Rogers; Waylon Wilson; Kenneth Leeder; LaDonna M. Buckner; Princess
                Fahnestock; Missouri Department of Corrections

                    lllllllllllllllllllll Defendants - Appellees
                                     ____________

                    Appeal from United States District Court
               for the Western District of Missouri - Springfield
                                ____________

                          Submitted: January 27, 2015
                            Filed: February 2, 2015
                                [Unpublished]
                                ____________

Before BYE, SMITH, and BENTON, Circuit Judges.
                           ____________

PER CURIAM.
       Michael Dean and Pat Edmonds brought this 42 U.S.C. § 1983 action
challenging, on First Amendment grounds, certain prison regulations related to
magazines allowed in their institution. Following an earlier remand by this court, the
district court1 entered a summary judgment decision against Dean and Edmonds, and
they appealed. Thereafter, this court ordered briefing regarding certain facial and
as-applied challenges. Upon consideration of the parties’ arguments in their briefs,
and after careful de novo review of the record, see Mack v. Dillon, 
594 F.3d 620
, 622
(8th Cir. 2010) (per curiam) (standard of review for summary judgment), we conclude
that summary judgment was properly granted, see Thornburgh v. Abbott, 
490 U.S. 401
, 407-08, 418-19 (1989); Turner v. Safley, 
482 U.S. 78
, 89-91 (1987).
Accordingly, we affirm the decision of the district court. See 8th Cir. R. 47B.
                         ______________________________




      1
       The Honorable Gary A. Fenner, United States District Judge for the Western
District of Missouri.

                                         -2-

Source:  CourtListener

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