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Larry Davis v. Brian Daniel, 18-1903 (2018)

Court: Court of Appeals for the Eighth Circuit Number: 18-1903 Visitors: 28
Filed: Oct. 12, 2018
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-1903 _ Larry David Davis lllllllllllllllllllllPlaintiff - Appellant v. Detective Brian Daniel, Clark County Sheriff's Department; Detective Russell, Clark County Sheriff's Department; Kim Giels, part owner of Southfork Truck Stop; Blake Badston, Circuit Court Prosecutor lllllllllllllllllllllDefendants - Appellees _ Appeal from United States District Court for the Western District of Arkansas - Hot Springs _ Submitted: September 19, 2
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                United States Court of Appeals
                          For the Eighth Circuit
                      ___________________________

                              No. 18-1903
                      ___________________________

                               Larry David Davis

                      lllllllllllllllllllllPlaintiff - Appellant

                                         v.

 Detective Brian Daniel, Clark County Sheriff's Department; Detective Russell,
 Clark County Sheriff's Department; Kim Giels, part owner of Southfork Truck
                 Stop; Blake Badston, Circuit Court Prosecutor

                    lllllllllllllllllllllDefendants - Appellees
                                    ____________

                   Appeal from United States District Court
              for the Western District of Arkansas - Hot Springs
                               ____________

                        Submitted: September 19, 2018
                           Filed: October 12, 2018
                                [Unpublished]
                               ____________

Before KELLY, ERICKSON, and GRASZ, Circuit Judges.
                           ____________

PER CURIAM.
      Arkansas inmate Larry Davis appeals the district court’s1 dismissal without
prejudice of his pro se 42 U.S.C. § 1983 complaint based on absolute prosecutorial
immunity and Heck v. Humphrey, 
512 U.S. 477
(1994). Upon de novo review, see
Cooper v. Schriro, 
189 F.3d 781
, 783 (8th Cir. 1999) (per curiam), we conclude that
dismissal was proper. Accordingly, we affirm. See 8th Cir. R. 47B. Davis’s motion
to expand the record is denied as futile.
                        ______________________________




      1
      The Honorable P.K. Holmes, III, Chief Judge, United States District Court for
the Western District of Arkansas.

                                        -2-

Source:  CourtListener

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