Filed: Jul. 10, 2001
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 00-3600 _ Richard Lamphere, * * Appellant, * * v. * Appeal from the United States * District Court for the Southern John Mathes; John F. Ault; Kris * District of Iowa. Weitzell; Dennis E. Potter; Bob * Coady; Jeff Panken, Capt.; T. Sparks, * [UNPUBLISHED] Lt.; Nobel, Lt.; Vicky McQuistion, * * Appellees. * _ Submitted: July 3, 2001 Filed: July 10, 2001 _ Before MORRIS SHEPPARD ARNOLD, RICHARD S. ARNOLD, and FAGG, Circuit Judges. _ PER C
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 00-3600 _ Richard Lamphere, * * Appellant, * * v. * Appeal from the United States * District Court for the Southern John Mathes; John F. Ault; Kris * District of Iowa. Weitzell; Dennis E. Potter; Bob * Coady; Jeff Panken, Capt.; T. Sparks, * [UNPUBLISHED] Lt.; Nobel, Lt.; Vicky McQuistion, * * Appellees. * _ Submitted: July 3, 2001 Filed: July 10, 2001 _ Before MORRIS SHEPPARD ARNOLD, RICHARD S. ARNOLD, and FAGG, Circuit Judges. _ PER CU..
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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 00-3600
___________
Richard Lamphere, *
*
Appellant, *
*
v. * Appeal from the United States
* District Court for the Southern
John Mathes; John F. Ault; Kris * District of Iowa.
Weitzell; Dennis E. Potter; Bob *
Coady; Jeff Panken, Capt.; T. Sparks, * [UNPUBLISHED]
Lt.; Nobel, Lt.; Vicky McQuistion, *
*
Appellees. *
___________
Submitted: July 3, 2001
Filed: July 10, 2001
___________
Before MORRIS SHEPPARD ARNOLD, RICHARD S. ARNOLD, and FAGG,
Circuit Judges.
___________
PER CURIAM.
Iowa inmate Richard Lamphere appeals the 28 U.S.C. ยง 1915A(b) dismissal of
Lamphere's civil rights complaint against prison officials for transferring him to another
prison and reducing his class status. Having reviewed the record, we conclude the
district court properly dismissed Lamphere's complaint for the reasons explained in the
court's order. See Sandin v. Conner, 515 U.S. 472, 483-84 (1995); Cooper v. Schriro,
189 F.3d 781, 783 (8th Cir. 1999) (per curiam); Goff v. Burton,
91 F.3d 1188, 1191
(8th Cir. 1996). Although Lamphere complains the district court did not permit him to
amend his complaint before dismissal, he did not seek leave to amend. See
Christiansen v. Clarke,
147 F.3d 655, 657-58 (8th Cir.), cert. denied,
525 U.S. 1023
(1998). The court also did not abuse its discretion when it refused to appoint counsel
for Lamphere. See Johnson v. Williams,
788 F.2d 1319, 1322-23 (8th Cir. 1986).
Accordingly, we affirm. See 8th Cir. R. 47B. We also deny Lamphere's pending
motion for appointment of counsel.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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