Phillip Stewart v. A. Murphy ( 2015 )

United States Court of Appeals
For the Eighth Circuit
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No. 15-1849
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Phillip Dewayne Stewart
lllllllllllllllllllll Plaintiff - Appellant
v.
A. Murphy, Doctor, Ouachita River Unit and CCS Medical; Ray Hobbs, Director,
Arkansas Department of Correction; D R Young, Infirmary Manager, Ouachita
River Unit, ADC; Kimberly Kellogg, Nurse, Ouachita River Unit, ADC; Reta
Douglas, Nurse, Ouachita River Unit, ADC
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the Western District of Arkansas - Hot Springs
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Submitted: November 4, 2015
Filed: November 9, 2015
[Unpublished]
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Before SMITH, COLLOTON, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Arkansas inmate Phillip Dewayne Stewart appeals the district court’s1 dismissal
of his 42 U.S.C. § 1983 action, for failure to state a claim upon which relief may be
granted, and on the basis of sovereign immunity. After careful de novo review, we
conclude that Stewart’s complaint was properly dismissed. See McAdams v.
McCord, 584 F.3d 1111, 1113 (8th Cir. 2009) (standard of review); Trevelen v. Univ.
of Minn., 73 F.3d 816, 818 (8th Cir. 1996) (sovereign immunity). Accordingly, we
affirm. See 8th Cir. R. 47B. We also deny Stewart’s motion for appointed counsel.
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1
The Honorable Robert T. Dawson, United States District Judge for the
Western District of Arkansas, adopting the report and recommendations of the
Honorable Mark E. Ford, United States Magistrate Judge for the Western District of
Arkansas.
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