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Elroy Wabashaw v. Brian Gage, 15-3423 (2016)

Court: Court of Appeals for the Eighth Circuit Number: 15-3423 Visitors: 31
Filed: Jun. 09, 2016
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 15-3423 _ Elroy L. Wabashaw lllllllllllllllllllll Plaintiff - Appellant v. Michael L. Kenny, Dir, NDCS lllllllllllllllllllll Defendant Brian Gage, Warden TSCI - in their individual and official capacities lllllllllllllllllllll Defendant - Appellee Robert Houston, Former Dir, NDCS; Fred Britten, Former Warden TSCI lllllllllllllllllllll Defendants Lt. Tremain, Officers - in their individual and official capacities; Ofc. Horn, in their ind
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                  United States Court of Appeals
                             For the Eighth Circuit
                         ___________________________

                                 No. 15-3423
                         ___________________________

                                 Elroy L. Wabashaw

                        lllllllllllllllllllll Plaintiff - Appellant

                                            v.

                          Michael L. Kenny, Dir, NDCS

                             lllllllllllllllllllll Defendant

       Brian Gage, Warden TSCI - in their individual and official capacities

                       lllllllllllllllllllll Defendant - Appellee

     Robert Houston, Former Dir, NDCS; Fred Britten, Former Warden TSCI

                             lllllllllllllllllllll Defendants

  Lt. Tremain, Officers - in their individual and official capacities; Ofc. Horn, in
                      their individual and official capacities

                      lllllllllllllllllllll Defendants - Appellees

                                       Sgt. Thein

                             lllllllllllllllllllll Defendant

      Sgt. Lanlez, in their individual and official capacities; Stranberg, TSCI
Caseworkers - in their individual and official capacities; Zweig, TSCI Caseworkers
 - in their individual and official capacities; Scott Frakes, in their individual and
   official capacities; Michele Capps, in their individual and official capacities;
  Holley, in their individual and official capacities; Theimann, in their individual
                               and official capacities

                       lllllllllllllllllllll Defendants - Appellees
                                        ____________

                      Appeal from United States District Court
                       for the District of Nebraska - Lincoln
                                   ____________

                              Submitted: May 31, 2016
                                Filed: June 9, 2016
                                   [Unpublished]
                                  ____________

Before MURPHY, BOWMAN, and BENTON, Circuit Judges.
                         ____________

PER CURIAM.

       Nebraska inmate Elroy L. Wabashaw, formerly incarcerated at the Tecumseh
State Correctional Institution, appeals the district court’s1 dismissal of his 42 U.S.C.
§ 1983 complaint. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

       This court conducted de novo review of the record and carefully considered
Wabashaw’s arguments for reversal. See Moore v. Sims, 
200 F.3d 1170
, 1171 (8th
Cir. 2000) (per curiam); Cooper v. Schriro, 
189 F.3d 781
, 783 (8th Cir. 1999) (per
curiam).

      The judgment is affirmed. See 8th Cir. R. 47B.
                      ______________________________

      1
      The Honorable John M. Gerrard, United States District Judge for the District
of Nebraska.

                                           -2-

Source:  CourtListener

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