Mary Sue Shipley v. AR Blue Cross & Blue

1 The Honorable Carol E. Jackson, Chief Judge, United States District Court for
the Eastern District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 03-2072
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James E. Wilson, *
*
Appellant, * Appeal from the United States
* District Court for the
v. * Eastern District of Missouri.
* [UNPUBLISHED]
Michael Johnston, Dr., *
*
Appellee. *
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Submitted: June 25, 2003
Filed: June 30, 2003
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Before WOLLMAN, FAGG, and HANSEN, Circuit Judges.
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PER CURIAM.
James E. Wilson appeals from the dismissal of his civil suit. Having reviewed
the record, we conclude that the district court 1 did not abuse its discretion in
dismissing the complaint as frivolous. See 28 U.S.C. § 1915(e)(2)(B)(i) (court shall
dismiss case if it determines action is frivolous); Denton v. Hernandez, 504 U.S. 25,
32-34 (1992) (standard of review; court may dismiss complaint of plaintiff
proceeding in forma pauperis (IFP) as frivolous, and disregard clearly baseless,

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fanciful, fantastic, or delusional factual allegations); Neitzke v. Williams, 490 U.S.
319, 324 (1989) (noting that plaintiff proceeding IFP lacks economic incentive to
refrain from filing frivolous, malicious, or repetitive lawsuits). However, we modify
the dismissal to be without prejudice to the filing of a paid complaint. See Denton,
504 U.S. at 34.
The judgment is affirmed, as modified. See 8th Cir. R. 47A(a). We deny all
pending motions.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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