Tyrone Ellis v. Aric Simmons

United States Court of Appeals For the Eighth Circuit ___________________________

No. 17-1429 ___________________________

Tyrone Ellis

lllllllllllllllllllll Plaintiff - Appellant

v.

Aric Simmons, Advance Practice Nurse, Correct Care Solutions

lllllllllllllllllllll Defendant - Appellee ____________

Appeal from United States District Court for the Eastern District of Arkansas - Pine Bluff ____________

Submitted: August 15, 2017 Filed: August 17, 2017 [Unpublished] ____________

Before LOKEN, GRUENDER, and SHEPHERD, Circuit Judges. ____________

PER CURIAM.  Arkansas inmate Tyrone Ellis appeals the district court’s1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action, in which he alleged that defendant Aric Simmons was deliberately indifferent to his serious medical needs. Upon careful de novo review, see Peterson v. Kopp, 754 F.3d 594, 598 (8th Cir. 2014) (standard of review), we conclude that summary judgment was proper because, as explained by the district court, Ellis failed to show that Simmons knew of his medical complaint during the period of delay in treatment. See Fourte v. Faulkner Cty., Ark., 746 F.3d 384, 387 (8th Cir. 2014).

Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________

1 The Honorable Billy Roy Wilson, United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Jerome T. Kearney, United States Magistrate Judge for the Eastern District of Arkansas.

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