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Larry Coffman v. Alan Blake, 04-3706 (2005)

Court: Court of Appeals for the Eighth Circuit Number: 04-3706 Visitors: 28
Filed: Nov. 17, 2005
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 04-3706 _ Larry Coffman, others similarly * situated under the 632.480 et seq, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Alan Blake, COO; Jay Englehart, M.D.; * Marty Bellew-Smith, Ph.D.; Mary * [UNPUBLISHED] Weiler, Ph.D.; Linda Mead, Ph.D.; * Linda Whiter, LCSW; Mar Chessy, * Head Sec.; John Doe; James Doe, SA, * All M.S.O.T.C. Facility, * * Appellees. * _ Submitted: N
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                    United States Court of Appeals
                          FOR THE EIGHTH CIRCUIT
                                     ___________

                                     No. 04-3706
                                     ___________

Larry Coffman, others similarly       *
situated under the 632.480 et seq,    *
                                      *
            Appellant,                *
                                      * Appeal from the United States
      v.                              * District Court for the
                                      * Eastern District of Missouri.
Alan Blake, COO; Jay Englehart, M.D.; *
Marty Bellew-Smith, Ph.D.; Mary       *    [UNPUBLISHED]
Weiler, Ph.D.; Linda Mead, Ph.D.;     *
Linda Whiter, LCSW; Mar Chessy,       *
Head Sec.; John Doe; James Doe, SA, *
All M.S.O.T.C. Facility,              *
                                      *
            Appellees.                *
                                 ___________

                             Submitted: November 1, 2005
                                Filed: November 17, 2005
                                 ___________

Before MELLOY, MAGILL, and GRUENDER, Circuit Judges.
                           ___________

PER CURIAM.

      Larry Coffman, who is civilly committed to the Missouri Sexual Offender
Treatment Center, appeals the district court’s1 preservice dismissal under 28 U.S.C.

      1
       The Honorable Carol E. Jackson, Chief Judge, United States District Court for
the Eastern District of Missouri.
§ 1915(e)(2)(B) of his 42 U.S.C. § 1983 complaint. Following de novo review, see
Moore v. Sims, 
200 F.3d 1170
, 1171 (8th Cir. 2000) (per curiam), we affirm, see 8th
Cir. R. 47B, but we modify the dismissal to be without prejudice as to any claims
Coffman raised that were barred by Heck v. Humphrey, 
512 U.S. 477
, 486-87 (1994).
See Schafer v. Moore, 
46 F.3d 43
, 45 (8th Cir. 1995) (per curiam). We also deny
Coffman’s request for appointment of appellate counsel.
                       ______________________________




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Source:  CourtListener

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