Opinion
No. 07-1640.
Submitted: April 24, 2008.
Filed: April 28, 2008.
Appeal from the United States District Court for the Eastern District of Arkansas.
Warden-AR, AR Department of Corrections, Tucker, AR, for Appellant.
John Henry Williams, ADC #93081, Tucker, AR, pro se.
Brittany L. McCollum, Joshua Derek Standerfer, Attorney General's Office, Little Rock, AR, Michelle Banks Odum, Humphries Lewis, White Hall, AR, for Appellees.
Before BYE, SMITH, and BENTON, Circuit Judges.
[UNPUBLISHED]
Arkansas inmate John Henry Williams appeals the district court's adverse grant of summary judgment in his 42 U.S.C. § 1983 action. We agree with the district court that summary judgment was warranted, see Roe v. Crawford, 514 F.3d 789, 793 (8th Cir. 2008) (standard of review); and that Williams provided no basis under Federal Rules of Civil Procedure 59(e) or 60(b) for reconsidering the grant of summary judgment, see Christensen v. Qwest Pension Plan, 462 F.3d 913, 919-20 (8th Cir. 2006) (Fed.R.Civ.P. 59(e) standard of review); Arnold v. Wood, 238 F.3d 992, 998 (8th Cir. 2001) (Fed.R.Civ.P. 60(b) standard of review). We decline to consider Williams's new evidence and allegations. See Minn. Supply Co. v. Raymond Corp., 472 F.3d 524, 532 (8th Cir. 2006) (this court considers only evidence before district court when summary judgment ruling was made); Stone v. Harry, 364 F.3d 912, 914-15 (8th Cir. 2004) (declining to address pro se arguments first raised on appeal). Accordingly, we affirm, see 8th Cir. R. 47B, and we deny Williams's pending motions.
The Honorable Henry L. Jones, Jr., United States Magistrate Judge for the Eastern District of Arkansas, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c).