Jacqaus L. Martin v. John I. Cherry, Jr., (8th Cir. 1999)
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United States Court of Appeals FOR THE EIGHTH CIRCUIT
No. 98-2659
Jacqaus L. Martin, Appellant, v. John I. Cherry, Jr.; Frank Hopkins; Michael L. Kenney; Barry Loock; Karen Shortridge, Appellees.
Submitted: August 6, 1999
Filed: August 11, 1999
Before McMILLIAN, RICHARD S. ARNOLD, and HANSEN, Circuit Judges.
PER CURIAM.
Jacqaus L. Martin, an inmate at the Nebraska State Prison, appeals from an order entered in the District Court1 for the District of Nebraska. In his 42 U.S.C. § 1983 complaint, Martin claimed prison officials violated his constitutional rights by confining
him for two weeks in the prisonÂ’s hospital. He sought preliminary injunctive relief, which the district court denied.
On appeal, Martin argues the merits of the claims he raised in his section 1983 complaint. Because the order from which Martin appeals did not dismiss the complaint, the merits of the action are not before us; however, we have jurisdiction to review the district court§ 1292(a)(1). We conclude the district court did not clearly err or abuse its discretion by denying Martin such injunctive relief. See United Indus. Corp. v. Clorox Co.,
Accordingly, we affirm the denial of MartinÂ’s request for a preliminary injunction. We also deny his motion on appeal for judgment, and we note that MartinÂ’s motion to discontinue a power of attorney is not properly filed in this court.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Appeal from the United States
District Court for the
District of Nebraska
[UNPUBLISHED]
[1] The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska, adopting the report and recommendations of the Honorable Thomas D. Thalken, United States Magistrate Judge for the District of Nebraska.
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This document cites
- US Code - Title 42: The Public Health and Welfare - 42 USC 1983 - Sec. 1983. Civil action for deprivation of rights
- U.S. Court of Appeals for the Eighth Circuit - Emanuel Devose, Appellant, v. Herrington, Officer, Cummins Unit, Arkansas Department of Correction; Massey, Officer, Cummins Unit, Arkansas Department of Correction; Willis Sargent, Warden, Cummins Unit, Arkansas Department of Correction; John Doe, Lpn of Doctor, Maximum Security Unit, Arkansas Department of Correction; Pitts, Warden, Maximum Security Unit, Arkansas Department of Correction; Endell, Director, Arkansas Department of Correction, Appellees.
- U.S. Court of Appeals for the Eighth Circuit - George Goff, Plaintiff-Appellee, v. Charles Harper, Defendant-Appellant. Crispus Nix, Defendant. Ronald Welder, Defendant-Appellant. John Henry, Defendant., 60 F.3d 518 (8th Cir. 1995)
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