Filed: Apr. 14, 1998
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 97-3456 _ Albert Casiano Hernandez, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. Leroy Brownlee, also known as Leroy * [UNPUBLISHED] Brown; Clementine Infante, * * Appellees. * _ Submitted: April 7, 1998 Filed: April 14, 1998 _ Before BOWMAN, WOLLMAN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. _ PER CURIAM. Albert Casiano Hernandez appeals the district court&s1 dismissal p
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 97-3456 _ Albert Casiano Hernandez, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. Leroy Brownlee, also known as Leroy * [UNPUBLISHED] Brown; Clementine Infante, * * Appellees. * _ Submitted: April 7, 1998 Filed: April 14, 1998 _ Before BOWMAN, WOLLMAN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. _ PER CURIAM. Albert Casiano Hernandez appeals the district court&s1 dismissal pu..
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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 97-3456
___________
Albert Casiano Hernandez, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Arkansas.
Leroy Brownlee, also known as Leroy * [UNPUBLISHED]
Brown; Clementine Infante, *
*
Appellees. *
___________
Submitted: April 7, 1998
Filed: April 14, 1998
___________
Before BOWMAN, WOLLMAN, and MORRIS SHEPPARD ARNOLD, Circuit
Judges.
___________
PER CURIAM.
Albert Casiano Hernandez appeals the district court&s1 dismissal pursuant to 28
U.S.C.A. § 1915A (Supp. 1998), of his 42 U.S.C. § 1983 action and the denial of his
Fed. R. Civ. P. 59(e) motion to reconsider. Upon review of the record and Hernandez&s
submissions on appeal, we conclude that dismissal of Hernandez&s claims against
1
The Honorable Garnett Thomas Eisele, United States District Judge for the
Eastern District of Arkansas.
Brownlee was warranted, as Hernandez&s allegations were insufficient to state a claim.
See 28 U.S.C.A. § 1915A(b)(1) (Supp. 1998). We also conclude that dismissal without
prejudice was appropriate as to Infante, as Hernandez&s allegations against her were
insufficiently specific. See Edgington v. Missouri Dep&t of Corrections,
52 F.3d 777,
779 (8th Cir. 1995). Accordingly, we affirm the judgment and denial of the Rule 59(e)
motion.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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