Filed: Jan. 03, 2019
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-2376 _ Jerome Allen Bargo lllllllllllllllllllllPlaintiff - Appellant v. Raymond Naylor, Administrator of Internal Affairs, Arkansas Department of Correction; Randy Watson, Warden, Varner Unit; Jeremy Andrews, Deputy Warden, Varner Unit; Tony McHan, Deputy Warden of Security, Varner Unit; Thomas Rowland, C.V.S.A. Examiner, Internal Affairs; Keith Waddle, Disciplinary Hearing Officer, Internal Affairs; Gladys Evans, Supervisor of Libra
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-2376 _ Jerome Allen Bargo lllllllllllllllllllllPlaintiff - Appellant v. Raymond Naylor, Administrator of Internal Affairs, Arkansas Department of Correction; Randy Watson, Warden, Varner Unit; Jeremy Andrews, Deputy Warden, Varner Unit; Tony McHan, Deputy Warden of Security, Varner Unit; Thomas Rowland, C.V.S.A. Examiner, Internal Affairs; Keith Waddle, Disciplinary Hearing Officer, Internal Affairs; Gladys Evans, Supervisor of Librar..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 17-2376
___________________________
Jerome Allen Bargo
lllllllllllllllllllllPlaintiff - Appellant
v.
Raymond Naylor, Administrator of Internal Affairs, Arkansas Department of
Correction; Randy Watson, Warden, Varner Unit; Jeremy Andrews, Deputy
Warden, Varner Unit; Tony McHan, Deputy Warden of Security, Varner Unit;
Thomas Rowland, C.V.S.A. Examiner, Internal Affairs; Keith Waddle,
Disciplinary Hearing Officer, Internal Affairs; Gladys Evans, Supervisor of
Library, Varner Unit
lllllllllllllllllllllDefendants - Appellees
___________________________
No. 18-1340
___________________________
Jerome Allen Bargo, ADC #75423 and all other similarly situated inmates
lllllllllllllllllllllPlaintiff - Appellant
Marion Gene Westerman, ADC #121452 and all other similarly situated inmates;
Robert Harold Munnerlyn, ADC #86196 and all other similarly situated inmates
lllllllllllllllllllllPlaintiffs
v.
Wendy Kelley, Director, Arkansas Department of Correction; Randall Watson,
Warden, Varner Unit
lllllllllllllllllllllDefendants
Jeremy Andrews, Deputy Warden, Varner Unit
lllllllllllllllllllllDefendant - Appellee
Raymond Naylor, Disciplinary Hearing Administrator, ADC; Thomas Roland,
Internal Affairs Officer, ADC
lllllllllllllllllllllDefendants
Keith Waddle, Disciplinary Hearing Officer, ADC
lllllllllllllllllllllDefendant - Appellee
Gladys Evans, Supervisor, Varner Unit Library
lllllllllllllllllllllDefendant
Jimmy Phillips, Correctional Captain, Varner Unit Field Utility and Hoe Squad
lllllllllllllllllllllDefendant - Appellee
Ojiugo Iko, Doctor, Corizon Inc.
lllllllllllllllllllllDefendant
____________
Appeals from United States District Court
for the Eastern District of Arkansas - Pine Bluff
____________
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Submitted: June 27, 2018
Filed: January 3, 2019
[Unpublished]
____________
Before LOKEN, BOWMAN, and GRUENDER, Circuit Judges.
____________
PER CURIAM.
Jerome Bargo appeals from the adverse judgments in his related 42 U.S.C.
§ 1983 actions. In the case underlying appeal No. 18-1340, the District Court1
disposed of the action in pre-service dismissal and summary judgment orders. After
careful review of the record and the parties’ arguments on appeal, we conclude there
is no basis for reversal. See Peterson v. Kopp,
754 F.3d 594, 598 (8th Cir. 2014)
(reviewing de novo the grant of summary judgment); Strandlund v. Hawley,
532 F.3d
741, 745 (8th Cir. 2008) (reviewing for abuse of discretion the dismissal of misjoined
parties); Moore v. Sims,
200 F.3d 1170, 1171 (8th Cir. 2000) (per curiam) (reviewing
de novo pre-service dismissal).
In the case underlying appeal No. 17-2376, the District Court2 dismissed the
action based on res judicata and failure to state a claim. We have reviewed the
record, and we conclude that dismissal was appropriate. See Kelly v. City of Omaha,
¹The Honorable Kristine G. Baker, United States District Judge for the Eastern
District of Arkansas, adopting the report and recommendations of the Honorable
Judge Jerome T. Kearney, United States Magistrate Judge for the Eastern District of
Arkansas.
2
The Honorable James M. Moody, Jr., United States District Judge for the
Eastern District of Arkansas, adopting the report and recommendations of the
Honorable Patricia S. Harris, United States Magistrate Judge for the Eastern District
of Arkansas.
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813 F.3d 1070, 1075 (8th Cir. 2016) (reviewing de novo the grant of a motion to
dismiss for failure to state claim under Rule 12(b)(6) of the Federal Rules of Civil
Procedure); Laase v. Cty. of Isanti,
638 F.3d 853, 856 (8th Cir. 2011) (“We review
de novo the grant of a motion to dismiss for failure to state a claim based on
res judicata.”).
We affirm in both cases.
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