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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. 03-1331
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Darius J. Whitson, Sr., *
*
Appellant, *
*
v. * Appeal from the United States
* District Court for the
Mary Ann L. Medler, Judge; David D. * Eastern District of Missouri.
Noce, Judge, *
* [UNPUBLISHED]
Appellees. *
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Submitted: April 1, 2004
Filed: April 9, 2004
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Before MELLOY, HANSEN, and COLLOTON, Circuit Judges.
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PER CURIAM.
Darius Whitson appeals the district court’s 1 preservice dismissal under 28
U.S.C. § 1915(e)(2)(B) of his complaint seeking the removal of two magistrate
judges. Following de novo review, see Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir.
2000) (per curiam), we agree with the district court that dismissal was appropriate.
Accordingly, we affirm under 8th Circuit Rule 47B. We also grant Whitson leave to
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proceed in forma pauperis, and we remand for the district court to assess and collect
the appellate filing fee.
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