John Skinner v. State of MO ( 2007 )


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  •                     United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 06-1512
    ___________
    John C. Skinner,                      *
    *
    Appellant,               *
    * Appeal from the United States
    v.                             * District Court for the
    * Western District of Missouri.
    State of Missouri; Jeremiah W. Nixon, *
    * [UNPUBLISHED]
    Appellees.               *
    ___________
    Submitted: February 1, 2007
    Filed: February 5, 2007
    ___________
    Before WOLLMAN, MURPHY, and BYE, Circuit Judges.
    ___________
    PER CURIAM.
    Missouri inmate John C. Skinner appeals from the district court’s1 28 U.S.C.
    § 1915A order dismissing his 42 U.S.C. § 1983 complaint against the State of
    Missouri and the Attorney General of Missouri, Jeremiah Nixon. Having carefully
    reviewed the record de novo, see Cooper v. Schriro, 
    189 F.3d 781
    , 783 (8th Cir. 1999)
    (per curiam), we agree with the court that Skinner’s challenge to the confiscation of
    1
    The Honorable Nanette K. Laughrey, United States District Judge for the
    Western District of Missouri, adopting the report and recommendation of the
    Honorable William A. Knox, United States Magistrate Judge for the Western District
    of Missouri.
    money in his inmate account pursuant to the Missouri Incarceration Reimbursement
    Act (MIRA) does not rise to the level of a constitutional violation. See Hudson v.
    Palmer, 
    468 U.S. 517
    , 533 (1984) (intentional deprivation of property does not violate
    due process when meaningful post-deprivation remedy is available). Finally, we
    conclude the court did not abuse its discretion in denying Skinner appointment of
    counsel. See Stevens v. Redwing, 
    146 F.3d 538
    , 546 (8th Cir. 1998).
    Accordingly, we affirm. See 8th Cir. R. 47A(a).
    ______________________________
    -2-
    

Document Info

Docket Number: 06-1512

Judges: Wollman, Murphy, Bye

Filed Date: 2/5/2007

Precedential Status: Non-Precedential

Modified Date: 11/5/2024