Filed: Apr. 23, 2018
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-2045 _ Derrick Lamont Booth lllllllllllllllllllll Plaintiff - Appellant v. P. Smith, Sergeant, Delta Regional Unit; Joe Page, III, Warden, Delta Regional Unit; Jhonnie Harris, Sergeant/Disciplinary Notification Officer, Delta Regional Unit lllllllllllllllllllll Defendants - Appellees _ Appeal from United States District Court for the Eastern District of Arkansas - Pine Bluff _ Submitted: April 23, 2018 Filed: April 23, 2018 [Unpublis
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-2045 _ Derrick Lamont Booth lllllllllllllllllllll Plaintiff - Appellant v. P. Smith, Sergeant, Delta Regional Unit; Joe Page, III, Warden, Delta Regional Unit; Jhonnie Harris, Sergeant/Disciplinary Notification Officer, Delta Regional Unit lllllllllllllllllllll Defendants - Appellees _ Appeal from United States District Court for the Eastern District of Arkansas - Pine Bluff _ Submitted: April 23, 2018 Filed: April 23, 2018 [Unpublish..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 17-2045
___________________________
Derrick Lamont Booth
lllllllllllllllllllll Plaintiff - Appellant
v.
P. Smith, Sergeant, Delta Regional Unit; Joe Page, III, Warden, Delta Regional
Unit; Jhonnie Harris, Sergeant/Disciplinary Notification Officer, Delta Regional Unit
lllllllllllllllllllll Defendants - Appellees
____________
Appeal from United States District Court
for the Eastern District of Arkansas - Pine Bluff
____________
Submitted: April 23, 2018
Filed: April 23, 2018
[Unpublished]
____________
Before GRUENDER, BENTON, and STRAS, Circuit Judges.
____________
PER CURIAM.
Derrick Lamont Booth, a former Arkansas inmate, appeals the district court’s1
dismissal of his 42 U.S.C. § 1983 action for failure to state a claim. Having
jurisdiction under 28 U.S.C. § 1291, this court affirms.
After de novo review of the record and the parties’ arguments on appeal, this
court finds no basis for reversal. See Kelly v. City of Omaha,
813 F.3d 1070, 1075
(8th Cir. 2016) (grant of motion to dismiss for failure to state claim under Rule
12(b)(6) is reviewed de novo); Moore v. Sims,
200 F.3d 1170, 1171 (8th Cir. 2000)
(per curiam) (pre-service dismissals are reviewed de novo).
The judgment of the district court is affirmed. See 8th Cir. R. 47B.
______________________________
1
The Honorable James M. Moody, Jr., United States District Judge for the
Eastern District of Arkansas, adopting the report and recommendations of the
Honorable Beth M. Deere, United States Magistrate Judge for the Eastern District of
Arkansas.
-2-