Peter M. Gaona v. Town & Country

1 The Honorable E. Richard Webber, United States District Judge for the
Eastern District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 02-3816
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Samuel E. Massa, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the Eastern
* District of Missouri.
Joel B. Eisenstein; David M. *
Morgan; James Willie Edwards; * [UNPUBLISHED]
David Wiess; Sue Crowder; Gary *
Davis; Kenneth Romines, Judge; *
St. Louis County; Franklin County; *
Lawrence Davis, Judge, *
*
Appellees. *
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Submitted: February 7, 2003
Filed: March 4, 2003
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Before McMILLIAN, MELLOY, and SMITH, Circuit Judges.
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PER CURIAM.
After allowing Samuel Massa to proceed in forma pauperis (IFP), the district
court 1 dismissed his complaint, prior to service, under 28 U.S.C. § 1915(e)(2)(B).
The court reasoned that the complaint was frivolous because of its similarity to

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Massa’s previous IFP complaint that had been dismissed as frivolous, see Waller v.
Groose, 38 F.3d 1007, 1008 (8th Cir. 1994) (per curiam); and that the claims, based
on events that occurred more than ten years earlier, were barred by the five-year
statute of limitations, see Chandler v. Presiding Judge, Callaway County, 838 F.2d
977, 978-79 (8th Cir. 1988). Massa appeals. Having carefully reviewed the record,
we affirm for the reasons stated by the district court. See 8th Cir. R. 47A(a).
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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