Anthony Hayes v. Randy Watson ( 2023 )

United States Court of Appeals
For the Eighth Circuit
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No. 22-2273
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Anthony Hayes
Plaintiff - Appellant
v.
Randy Watson, Warden, Arkansas Department of Correction; Claudia Harris,
Deputy Warden, Arkansas Department of Correction; Mitchell Johnson, Jr.,
Captain, Arkansas Department of Correction; Raymond Naylor, Disciplinary
Hearing Administrator, Arkansas Department of Correction; Michael M. Lowe,
Major, Arkansas Department of Correction; Itena Jackson, Classification Officer,
Arkansas Department of Correction
Defendants - Appellees
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Appeal from United States District Court
for the Eastern District of Arkansas - Central
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Submitted: January 17, 2023
Filed: January 20, 2023
[Unpublished]
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Before LOKEN, BENTON, and ERICKSON, Circuit Judges.
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PER CURIAM.
Anthony Hayes, an inmate in the Arkansas Department of Correction (ADC),
appeals following the district court’s 1 adverse grant of summary judgment in his pro
se 42 U.S.C. § 1983 action. Having jurisdiction under 28 U.S.C. § 1291, this court
affirms.
This court concludes that the district court properly granted summary
judgment. See 42 U.S.C. § 1997e(a); Peterson v. Kopp, 754 F.3d 594, 598 (8th Cir.
2014) (grant of summary judgment is reviewed de novo, viewing the record in a light
most favorable to the non-moving party). Hayes failed to comply with the ADC’s
grievance procedure by filing an untimely initial grievance. See Woodford v. Ngo,
548 U.S. 81, 88, 93 (2006) (prisoner must exhaust administrative remedies in
accordance with prison’s applicable procedural rules, including deadlines). He also
did not show that his administrative remedies were unavailable. See Ross v. Blake,
578 U.S. 632, 643-44 (2016). To the extent Hayes raises additional arguments on
appeal, they present no basis for reversal.
The judgment is affirmed. See 8th Cir. R. 47B.
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1
The Honorable Billy Roy Wilson, 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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