John C. Babcock v. G. McDaniel

FLAUM, Circuit Judge.

In this successive appeal, John Babcock appeals from the district court’s dismissal of his case pursuant to Federal Rule of Civil Procedure 41(a)(2). We affirm the district court’s decision.

Babcock, a federal prisoner, sued various prison officials who allegedly violated his First, Fifth, and Eighth Amendment rights by failing to protect him adequately after fellow inmates threatened him with violence. The district court entered summary judgment for the prison officials. We affirmed this decision in large part, but we remanded Babcock’s First Amendment claim to the…