Keith Box v. Bill Ferrell , 30 F. App'x 671 ( 2002 )


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  •                     United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 01-3534
    ___________
    Keith Box,                               *
    *
    Appellant,                 *
    *
    v.                                * Appeal from the United States
    * District Court for the
    Bill Ferrell, Sheriff - Scott County;    * Eastern District of Missouri.
    Larry Turley, Sheriff - Mississippi      *
    County; Karen Turley,                    *      [UNPUBLISHED]
    *
    Appellees.                 *
    ___________
    Submitted: March 7, 2002
    Filed: March 13, 2002
    ___________
    Before McMILLIAN, BOWMAN, and BYE, Circuit Judges.
    ___________
    PER CURIAM.
    Missouri inmate Keith Box appeals the District Court’s1 adverse grant of
    summary judgment in his 
    42 U.S.C. § 1983
     action, in which he claimed Fourth and
    Fourteenth Amendment and state-law violations arising from events following his
    warrantless arrest on February 6, 1995. Having conducted de novo review, see
    1
    The Honorable Lewis M. Blanton, United States Magistrate Judge for the
    Eastern District of Missouri, to whom the case was referred for final disposition by
    consent of the parties pursuant to 
    28 U.S.C. § 636
    (c).
    Griffin v. Super Valu, 
    218 F.3d 869
    , 871 (8th Cir. 2000) (standard of review), we
    affirm.
    Like the District Court, we conclude Box failed to produce evidence from
    which a factfinder could infer that defendants conspired to falsify court documents
    and records, see Wilson v. Int’l Bus. Machs. Corp., 
    62 F.3d 237
    , 241 (8th Cir. 1995)
    (requiring nonmoving party to substantiate his allegations with sufficient probative
    evidence); Marti v. City of Maplewood, Mo., 
    57 F.3d 680
    , 685 (8th Cir. 1995)
    (setting out elements of constitutional conspiracy claim); and that Box’s Fourth
    Amendment claim is foreclosed by his conviction for the charged crimes, see Malady
    v. Crunk, 
    902 F.2d 10
    , 11-12 (8th Cir. 1990). Contrary to Box’s assertions, the
    record reflects that (1) a prompt probable-cause hearing was held after his arrest, see
    County of Riverside v. McLaughlin, 
    500 U.S. 44
    , 56 (1991) (stating that probable-
    cause determination within forty-eight hours of warrantless arrest generally satisfies
    Fourth Amendment), (2) there was no violation of the state statutory provisions he
    cites (and in any event, he cannot base a § 1983 action on a violation of state law per
    se, see Doe v. Gooden, 
    214 F.3d 952
    , 955 (8th Cir. 2000)), and (3) the allegations in
    his complaint do not state a due process claim, see Smithson v. Aldrich, 
    235 F.3d 1058
    , 1064 (8th Cir. 2000) (rejecting attempt to bring Fourth Amendment warrantless
    arrest claims under Due Process Clause).
    As to Box’s remaining arguments, the District Court did not abuse its
    discretion in declining to appoint counsel for him, see Stevens v. Redwing, 
    146 F.3d 538
    , 546 (8th Cir. 1998), and his allegation that the District Court was biased is not
    only unsupported but appears to be based solely on the disposition of Box’s case, cf.
    Lefkowitz v. Citi-Equity Group, Inc., 
    146 F.3d 609
    , 611-12 (8th Cir. 1998) (affirming
    denial of recusal motion where movant’s only assertion was that court had previously
    ruled against him), cert. denied, 
    525 U.S. 1154
     (1999).
    Accordingly, we affirm. See 8th Cir. R. 47B.
    -2-
    A true copy.
    Attest:
    CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
    -3-