PROCTOR v. HARMON

No. 00-3583EA.

257 F.3d 867 (2001)

Terry PROCTOR, Appellant, v. Greg HARMON, Warden, Maximum Security Unit, Arkansas Department of Correction; D. Martin, CO-I, Maximum Security Unit, Arkansas Department of Correction; Richard Wimberly, Major, Maximum Security Unit, Arkansas Department of Correction; Robert Clark, Disciplinary Hearing Administrator, Central Office, Arkansas Department of Correction; Larry Norris, Director, Arkansas Department of Correction; Justine Minor, Disciplinary Hearing Chairman, Central Office, Arkansas Department of Correction; John Blankenship, Disciplinary Hearing Chairman, Arkansas Department of Correction; S. Abernathy; J. Duke; S. Outlaw; G. David Guntharp; Ray Hobbs; S. Richardson; K. Waddle; T. Parks; T. Brock; Ricky Anthony; Tiffanye Compton, Ms.; Jack Davis; J.D. Kleiner; Michael Bell, Sgt., Maximum Security Unit, Arkansas Department of Correction, originally sued as "M. Bell"; Christopher Kirby, Sgt., Maximum Security Unit, Arkansas Department of Correction, originally sued as "C. Kirby"; Kay Wade, C.O. Mail Room Supervisor, Maximum Security Unit, Arkansas Department of Correction, originally sued as "K. L. Wade"; VI Fair, Ms., Warden Assistant, originally sued as "Fair"; Dennis Reap, CO-II, originally sued as "Reap"; Shirley Goldman, Nurse, originally sued as "Goldman"; Merlin Fitzpatrick, originally sued as "Merlyn Fitzpatrick", Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 26, 2001.


Attorney(s) appearing for the Case

Terry Proctor, pro se.

Kimberly A. Witherspoon, Little Rock, AR, for appellee.

Before MORRIS SHEPPARD ARNOLD, RICHARD S. ARNOLD, and FAGG, Circuit Judges.


PER CURIAM.

Arkansas inmate Terry Proctor appeals the District Court's dismissal of his 42 U.S.C. § 1983 action after holding a pre-trial hearing at which Proctor testified. For reversal, Proctor asserts that the Court overlooked some of his allegations and erred in refusing to allow other testimony at the hearing.

We agree that the District Court did not abuse its discretion in precluding the testimony of other witnesses. However, the Court should reconsider...

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