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ORR v. LARKINS

No. 08-3857.

610 F.3d 1032 (2010)

David ORR, Plaintiff-Appellant, v. Steve LARKINS, ERDCC Warden/Superintendent; Terry Webb, Functional Unit Manager, ERDCC; Patricia Cornell, Deputy Director, Division of Adult Institutions; Tom Clements, Director, Division of Adult Institutions; Kerry Kline, Functional Unit Manager, ERDCC; Sherry Brewer, Correctional Caseworker, ERDCC; Jim McDaniels, Correctional Caseworker, ERDCC; Rodney Henson, Correctional Officer III, ERDCC; John Doe #1, Correctional Officer III, ERDCC; John Doe #2, Correctional Officer III, ERDCC, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 7, 2010.

Rehearing and Rehearing En Banc Denied August 11, 2010.

Attorney(s) appearing for the Case

Linda S. Sheffield, argued, Atlanta, GA, for appellant.

Appellees were not represented by counsel.

Before MURPHY, BEAM, and BENTON, Circuit Judges.

PER CURIAM.

Inmate David Orr claims that prison officials violated his rights under the Due Process Clause of the Fourteenth Amendment, and under the Eighth Amendment, by keeping him in administrative segregation for about nine months following his third "dirty" urine test. See 42 U.S.C. § 1983. The district court1 dismissed the complaint without ordering a response or hearing.

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