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Larry Coffman v. Jay Nixon, 04-1919 (2004)

Court: Court of Appeals for the Eighth Circuit Number: 04-1919 Visitors: 25
Filed: Sep. 03, 2004
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 04-1919 _ Larry Coffman, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Jay Nixon; Joan L. Moriarty, * * [UNPUBLISHED] Appellees. * _ Submitted: September 1, 2004 Filed: September 3, 2004 _ Before MELLOY, LAY, and COLLOTON, Circuit Judges. _ PER CURIAM. Missouri inmate Larry Coffman appeals the district court’s1 preservice dismissal as frivolous of his 42 U.S.C. § 1983 compla
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                    United States Court of Appeals
                           FOR THE EIGHTH CIRCUIT
                                   ___________

                                   No. 04-1919
                                   ___________

Larry Coffman,                          *
                                        *
             Appellant,                 *
                                        * Appeal from the United States
      v.                                * District Court for the
                                        * Eastern District of Missouri.
Jay Nixon; Joan L. Moriarty,            *
                                        *    [UNPUBLISHED]
             Appellees.                 *
                                   ___________

                             Submitted: September 1, 2004
                                Filed: September 3, 2004
                                 ___________

Before MELLOY, LAY, and COLLOTON, Circuit Judges.
                           ___________

PER CURIAM.

      Missouri inmate Larry Coffman appeals the district court’s1 preservice
dismissal as frivolous of his 42 U.S.C. § 1983 complaint, which he filed in forma
pauperis (IFP). Having carefully reviewed the record de novo, see Moore v. Sims,
200 F.3d 1170
, 1171 (8th Cir. 2000) (per curiam), we conclude the district court
properly dismissed the complaint for the reasons explained by the court, see Waller
v. Groose, 
38 F.3d 1007
, 1008 (8th Cir. 1994) (per curiam) (previous preservice
dismissal as frivolous does not bar plaintiff from asserting identical claim in

      1
       The Honorable Catherine D. Perry, United States District Judge for the Eastern
District of Missouri.
subsequent fee-paid complaint, but such dismissal does have res judicata effect on
frivolousness determination for future IFP complaint asserting same claims).

      Accordingly, we affirm. See 8th Cir. R. 47B.
                     ______________________________




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Source:  CourtListener

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