Carl E. Brant v. Principal Life and

00-1379United States Court Of Appeals For The 8th Circuit30 apr 2001

Testo completo

1The Honorable Fernando J. Gaitan, Jr., United States District Judge for the
Western District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 00-4012
___________
John Dee Steward, *
*
Appellant, *
*
v. * Appeal from the United States
* District Court for the
Lewis, Guard, Jackson County Jail; * Western District of Missouri.
Hawkins, Correctional Officer; Stewart, *
Correctional Officer; James, Dr.; C.O., * [UNPUBLISHED]
*
Appellees. *
___________
Submitted: April 12, 2001
Filed: April 26, 2001
___________
Before BYE, RICHARD S. ARNOLD, and BEAM, Circuit Judges.
___________
PER CURIAM.
John Dee Steward appeals the district court’s1 grant of summary judgment to jail
personnel in his 42 U.S.C. § 1983 action. We grant Steward leave to appeal in forma
pauperis (IFP), assess the filing fee according to the provisions of the Prison Litigation
Reform Act (PLRA), and leave the collection details to the district court. After
carefully reviewing the record and Steward’s submission on appeal, we affirm, see 8th

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-2-
Cir. R. 47A(a), but we modify the district court’s order to reflect that the disposition
will not count against Steward under the PLRA’s three-strike provision, see 28 U.S.C.
§ 1915(g) (prohibiting prisoner from proceeding IFP if he has three or more times in
past brought civil action that was dismissed because it was frivolous, malicious, or
failed to state claim).
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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