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623 F. App'x 830

Randall McArty v. William Straughn

U.S. Courts of Appeals

Decided December 4, 2015

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U.S. Courts of Appeals · decided 2015-12-04

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

Relies on Jasperson v. Purolator Courier Corp. · Elaine Tucker v. Marvin Evans · Paine v. Jefferson National Life Insurance

Decided 2015-12-04

PER CURIAM.

¶1 Arkansas inmate Randall McArty appeals the district court’s 1 adverse grant of summary judgment in his 42 U.S.C. § 1983*831 action in which he claimed that defendants failed to protect him from an attack by another inmate. Upon careful de novo review, see Paine v. Jefferson Nat. Life Ins. Co., 594 F.3d 989, 991-92 (2010), we conclude, for the reasons explained by the district .court, that defendants were not deliberately indifferent to a serious risk to McArty’s safety, see Tucker v. Evans, 276 F.3d 999, 1001 (8th Cir.2002). Accordingly, the judgment of the district court is affirmed. See 8th Cir. R. 47B. 2

2

¶2 . We do not consider the dismissal of certain claims and defendants for failure to state a claim and failure to exhaust administrative remedies because McArty did not raise these issues in his brief. See Jasperson v. Purolator Courier Corp., 765 F.2d 736, 740-41 (8th Cir. 1985).

1

¶3 . The Honorable J. Leon Holmes, United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Jerome T. Kear-ney, United States Magistrate Judge for the Eastern District of Arkansas.

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