John Spencer v. Warden FPC Duluth

United States Court of Appeals For the Eighth Circuit ___________________________

No. 16-4142 ___________________________

John Anthony Spencer

lllllllllllllllllllll Plaintiff - Appellant

v.

Warden FPC Duluth; CO Anderson; CO Baker; CO Gravdal; CO Brian H; Unknown CO with CO Baker on 12-19-12; Mail Room Staff of Dec. 12, 2012; FPC Duluth; Chris Nickrenz; Patrick Thyen

lllllllllllllllllllll Defendants - Appellees ____________

Appeal from United States District Court for the District of Minnesota - Minneapolis ____________

Submitted: September 18, 2017 Filed: September 21, 2017 [Unpublished] ____________

Before GRUENDER, BENTON, and KELLY, Circuit Judges. ____________

PER CURIAM.

Federal inmate John Spencer appeals the district court’s1 adverse grant of

1 The Honorable Joan N. Ericksen, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable summary judgment in his civil rights action filed under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). Following careful de novo review of the record, we agree with the district court that defendants were entitled to summary judgment on Spencer’s due process, denial-of-court-access, and retaliation claims for the reasons cited in the magistrate judge’s report. We also find no abuse of discretion in the denial of appointment of counsel. The judgment is affirmed. See 8th Cir. R. 47B. ______________________________

Janie S. Mayeron, United States Magistrate Judge for the District of Minnesota.

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