Testo completo
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 99-2711
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Delmar Waits, *
*
Appellant, * Appeal from the United States
* District Court for the District
v. * of Minnesota.
*
Hoyt Brill, * [UNPUBLISHED]
*
Appellee. *
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Submitted: October 26, 2000
Filed: October 27, 2000
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Before BEAM, FAGG, and LOKEN, Circuit Judges.
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PER CURIAM.
Delmar Waits appeals the district court's adverse grant of summary judgment in
Waits's 42 U.S.C. § 1983 deliberate-indifference action. We affirm.
Having carefully reviewed the record and the parties' briefs, we conclude the
district court correctly granted summary judgment based on Waits's failure to produce
sufficient evidence to create any genuine issue of material fact. We also conclude that
Waits's attempt to appeal an earlier order of the district court dismissing eleven named
prison officials before service of process fails because Wait did not designate this order
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in his notice of appeal, see Fed. R. App. P. 3(c)(1)(B) (notice of appeal must designate
judgment or order being appealed); Berdella v. Delo, 972 F.2d 204, 207 (8th Cir.
1992). In any event, we agree with the district court that dismissal was warranted
given Waits's failure to specify how each of these individuals violated his rights. We
thus affirm the judgment of the district court. See 8th Cir. R. 47B.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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