Filed: Jun. 30, 2003
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 03-2072 _ James E. Wilson, * * Appellant, * Appeal from the United States * District Court for the v. * Eastern District of Missouri. * [UNPUBLISHED] Michael Johnston, Dr., * * Appellee. * _ Submitted: June 25, 2003 Filed: June 30, 2003 _ Before WOLLMAN, FAGG, and HANSEN, Circuit Judges. _ PER CURIAM. James E. Wilson appeals from the dismissal of his civil suit. Having reviewed the record, we conclude that the district court1 did not ab
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 03-2072 _ James E. Wilson, * * Appellant, * Appeal from the United States * District Court for the v. * Eastern District of Missouri. * [UNPUBLISHED] Michael Johnston, Dr., * * Appellee. * _ Submitted: June 25, 2003 Filed: June 30, 2003 _ Before WOLLMAN, FAGG, and HANSEN, Circuit Judges. _ PER CURIAM. James E. Wilson appeals from the dismissal of his civil suit. Having reviewed the record, we conclude that the district court1 did not abu..
More
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 03-2072
___________
James E. Wilson, *
*
Appellant, * Appeal from the United States
* District Court for the
v. * Eastern District of Missouri.
* [UNPUBLISHED]
Michael Johnston, Dr., *
*
Appellee. *
___________
Submitted: June 25, 2003
Filed: June 30, 2003
___________
Before WOLLMAN, FAGG, and HANSEN, Circuit Judges.
___________
PER CURIAM.
James E. Wilson appeals from the dismissal of his civil suit. Having reviewed
the record, we conclude that the district court1 did not abuse its discretion in
dismissing the complaint as frivolous. See 28 U.S.C. ยง 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,
1
The Honorable Carol E. Jackson, Chief Judge, United States District Court for
the Eastern District of Missouri.
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.
-2-