Kenneth Lee Royal v. Dr. Young

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 04-1081
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Kenneth Royal, *
*
Appellant, *
*
v. *
* Appeal from the United States
Young, Dr., Pine Bluff Work Complex, * District Court for the Eastern
ADC; Taylor, Dr., Pine Bluff Work * District of Arkansas.
Complex, ADC; Chang Lee, Dr., East *
Arkansas Regional Unit, ADC; * [UNPUBLISHED]
Hartman, Dr., North Central Unit, *
ADC; Cherry Case, Manager, North *
Central Unit, ADC; Curddle, Nurse, *
North Central Unit, ADC, *
*
Appellees. *
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Submitted: May 7, 2004
Filed: May 17, 2004
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Before MORRIS SHEPPARD ARNOLD, FAGG, and SMITH, Circuit Judges.
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PER CURIAM.
Former Arkansas inmate Kenneth Royal appeals the district court’s* preservice
dismissal without prejudice of Royal's 42 U.S.C. § 1983 action for failure to exhaust
his administrative remedies. The dismissal occurred after Royal moved for dismissal
without prejudice and for transfer to a state court, a transfer the district court lacked
authority to grant. Because there is no arguable basis for Royal's appeal, see
Newhouse v. McCormick & Co., 130 F.3d 302, 305 (8th Cir. 1997) (defining
frivolousness), we dismiss this appeal as frivolous, and the dismissal counts as a
“strike” for purposes of 28 U.S.C. § 1915(g).
______________________________
*
The Honorable William R. Wilson, Jr., United States District Judge for the
Eastern District of Arkansas.
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