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00-1379•Carl E. Brant v. Principal Life and
00-1379United States Court Of Appeals For The 8th CircuitApr 30, 2001
1The Honorable Richard G. Kopf, Chief Judge, United States District Court for
the District of Nebraska, adopting the report and recommendations of the Honorable
Kathleen Ann Jaudzemis, United States Magistrate Judge for the District of Nebraska.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 01-1582
___________
James V. Roberts, *
*
Appellant, *
*
v. * Appeal from the United States
* District Court for the
Faisal V. Ahmed; Dennis Bakewell; * District of Nebraska.
Frank X. Hopkins; Martha Schmidt; *
Rebecca S. Rundlett, Dr., * [UNPUBLISHED]
*
Appellees. *
___________
Submitted: April 16, 2001
Filed: April 23, 2001
___________
Before HANSEN, MORRIS SHEPPARD ARNOLD, and BYE, Circuit Judges.
___________
PER CURIAM.
Former Nebraska inmate James V. Roberts appeals from the district court’s1 28
U.S.C. §§ 1915A(b)(1), 1915(e)(2)(B)(ii) dismissal of his 42 U.S.C. § 1983 complaint.
Having carefully reviewed the record and appellant’s brief, we agree with the district
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court that, for the reasons the court explained, the complaint failed to state a claim. See
Cooper v. Schriro, 189 F.3d 781, 783 (8th Cir. 1999) (per curiam) (de novo review).
Accordingly, we affirm. See 8th Cir. R. 47B. However, we modify the final
judgment to delete the third paragraph entering judgment in favor of the United States
of America, because it is not a party in this action. See 28 U.S.C. § 2106 (appellate
court may modify judgment under review).
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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