Filed: Apr. 09, 2004
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 03-1331 _ Darius J. Whitson, Sr., * * Appellant, * * v. * Appeal from the United States * District Court for the Mary Ann L. Medler, Judge; David D. * Eastern District of Missouri. Noce, Judge, * * [UNPUBLISHED] Appellees. * _ Submitted: April 1, 2004 Filed: April 9, 2004 _ Before MELLOY, HANSEN, and COLLOTON, Circuit Judges. _ PER CURIAM. Darius Whitson appeals the district court’s1 preservice dismissal under 28 U.S.C. § 1915(e)(2)(B)
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 03-1331 _ Darius J. Whitson, Sr., * * Appellant, * * v. * Appeal from the United States * District Court for the Mary Ann L. Medler, Judge; David D. * Eastern District of Missouri. Noce, Judge, * * [UNPUBLISHED] Appellees. * _ Submitted: April 1, 2004 Filed: April 9, 2004 _ Before MELLOY, HANSEN, and COLLOTON, Circuit Judges. _ PER CURIAM. Darius Whitson appeals the district court’s1 preservice dismissal under 28 U.S.C. § 1915(e)(2)(B) o..
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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 03-1331
___________
Darius J. Whitson, Sr., *
*
Appellant, *
*
v. * Appeal from the United States
* District Court for the
Mary Ann L. Medler, Judge; David D. * Eastern District of Missouri.
Noce, Judge, *
* [UNPUBLISHED]
Appellees. *
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Submitted: April 1, 2004
Filed: April 9, 2004
___________
Before MELLOY, HANSEN, and COLLOTON, Circuit Judges.
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PER CURIAM.
Darius Whitson appeals the district court’s1 preservice dismissal under 28
U.S.C. § 1915(e)(2)(B) of his complaint seeking the removal of two magistrate
judges. Following de novo review, see Moore v. Sims,
200 F.3d 1170, 1171 (8th Cir.
2000) (per curiam), we agree with the district court that dismissal was appropriate.
Accordingly, we affirm under 8th Circuit Rule 47B. We also grant Whitson leave to
1
The Honorable E. Richard Webber, United States District Judge for the
Eastern District of Missouri.
proceed in forma pauperis, and we remand for the district court to assess and collect
the appellate filing fee.
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