Atomic Hill v. Bolin, (8th Cir. 2006)
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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
No. 05-2737
Atomic Hill, Jr., Appellant, v. Appeal from the United States
District Court for the
Bolin, Sgt., Maximum Security Unit, Eastern District of Arkansas.
ADC; David Knott, Lt., Maximum Security Unit, ADC, originally sued as [UNPUBLISHED]
"Knott"; Jerome Adams, Captain, Maximum Security Unit, ADC, originally sued as "Adams"; Tommy James, Assistant Warden, Maximum Security Unit, ADC, originally sued as "James"; R. D. Bailey, Lt., Maximum Security Unit, ADC, originally sued as "Bailey"; Richard Wimberly, Major, Maximum Security Unit, ADC, originally sued as "Wimberly"; Tiffanye Compton, Supervisor, Arkansas Department of Correction, originally sued as "T. Compton"; David White, Warden, Maximum Security Unit, ADC, originally sued as "D. White"; Vanieta King, Classification Officer, Maximum Security Unit, ADC, originally sued as "V. King"; Larry May, Director, Arkansas Department of Correction; George Brewer, Administrator, Arkansas Department of Correction, originally sued as "G. Brewer," Appellees.
Submitted: August 4, 2006 Filed: August 14, 2006 Before RILEY, COLLOTON, and GRUENDER, Circuit Judges.
PER CURIAM.
Atomic Hill (Hill) appeals the district court's1 judgment in favor of defendants in his 42U.S.C. § 1983 action. We affirm.
As relevant, defendants moved for judgment on the pleadings on the ground that Hill had not exhausted his administrative remedies through the prison grievance procedure, as required by 42U.S.C. § 199e(a). The district court concluded Hill failed to exhaust his administrative remedies. On appeal, Hill has waived any arguments he may have regarding the exhaustion issue by failing to address the issue in either of his briefs. See Meyers v. Starke, 420 F.3d 738, 742-43 (8th Cir. 2005) (to be reviewable, issue must be presented in brief with some specificity, and failure to do so can result in waiver); Harris v. Folk Constr. Co., 138 F.3d 365, 366 n.1 (8th Cir. 1998) (by failing to assert grounds for challenging certain rulings, appellant is deemed to have waived related issues on appeal). Hill also challenges the denials of his multiple motions for appointed counsel, but we conclude that there was no abuse of discretion in denying Hill appointment of counsel. See Stevens v. Redwing, 146 F.3d 538, 546 (8th Cir. 1998) (standard of review; pro se litigant has no statutory or constitutional right to have counsel appointed in civil case; factors for district court to consider when determining whether to appoint counsel include complexity of case and ability of litigant to investigate facts and present claim).
The judgment is affirmed.
1 The Honorable William R. Wilson, Jr., United States District Judge for the Eastern District of Arkansas.
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This document cites
- U.S. Court of Appeals for the Eighth Circuit - James E. Stevens, Individually, Plaintiff-Appellant, Jami Lynn Stevens, a Minor, By Next Friend James E. Stevens, Plaintiff, v. Rebecca J. Redwing; John S. Redwing; Ricky E. Jones; C. Curtis Holmes, Defendants-Appellees., 146 F.3d 538 (8th Cir. 1998)
- U.S. Court of Appeals for the Eighth Circuit - James Earl Harris, Husband; Luvenia Harris, Wife, Appellants/Cross-Appellees, v. Folk Construction Company, Appellees/Cross-Appellants., 138 F.3d 365 (8th Cir. 1998)
- U.S. Court of Appeals for the Eighth Circuit - Vicky Meyers, Appellant, v. Joyce Starke, Individually and in Her Official Capacity; Kathy Carter, Individually and in Her Official Capacity; Darren Duncan, Individually and in His Official Capacity, Appellees., 420 F.3d 738 (8th Cir. 2005)
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