Randall McArty v. Larry Norris

U.S. Courts of Appeals

Decided December 3, 2001

U.S. Courts of Appeals · decided 2001-12-03

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Dakota Industries, Inc. v. Dakota Sportswear, Inc.

Decided 2001-12-03

¶1 [UNPUBLISHED]

PER CURIAM.

¶2 Arkansas inmate Randall T. McArty appeals the district court’s * denial of McArt/s motion for a preliminary injunction in his 42 U.S.C. § 1983 action against Arkansas correction staff. Having carefully reviewed the record and the parties’ briefs, we conclude the district court did not abuse its discretion or suffer any misconception preventing a genuine application of its discretion to all facets of the case. See Dakota Indus., Inc. v. Dakota Sportswear, Inc., 988 F.2d 61, 63 (8th Cir.1993). Accordingly, we affirm. See 8th Cir. R. 47B.

¶3 The Honorable George Howard, Jr., United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable John F. Forster, Jr., United States Magistrate Judge for the Eastern District of Arkansas.