John Harvey v. Philip E. Lomason , 53 F. App'x 389 ( 2002 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 02-2143
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John Harvey, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the Eastern
* District of Missouri.
Philip Lomason; Gregory Harvey, *
* [UNPUBLISHED]
Appellees. *
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Submitted: December 6, 2002
Filed: December 11, 2002
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Before WOLLMAN, MORRIS SHEPPARD ARNOLD, and MELLOY, Circuit
Judges.
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PER CURIAM.
John Harvey appeals the district court’s1 order granting defendants’ motions
to dismiss. Having carefully reviewed the record, we conclude dismissal of
Mr. Harvey’s federal constitutional claims was proper for the reasons explained by
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).
the district court. Accordingly, we affirm the district court’s order, but modify the
dismissal of any state law claims to be without prejudice. See 8th Cir. R. 47B.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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