David R. Bradley v. Douglas Weber

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 03-1728
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David R. Bradley, *
*
Appellant, *
*
v. *
* Appeal from the United States
Douglas Weber, Warden, S.D. State * District Court for the
Penitentiary; Thomas Gillcrest, * District of South Dakota.
Psychologist, S.D.S.P.; Gary Taylor, *
Unit Manager, S.D.S.P.; Jeff * [UNPUBLISHED]
Bloomberg, S.D.S.P., Secretary of *
D.O.C., *
*
Appellees. *
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Submitted: July 21, 2003
Filed: August 6, 2003
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Before MORRIS SHEPPARD ARNOLD, MURPHY, and MELLOY, Circuit Judges.
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PER CURIAM.
South Dakota inmate David R. Bradley appeals the district court’s1 order
dismissing his 42 U.S.C. § 1983 action, and determining that the dismissal was a
“third strike” under 28 U.S.C. § 1915(g). Upon review, we are unable to find two
1
The Honorable Richard H. Battey, United States District Judge for the District
of South Dakota.
previous dismissals that qualify as “strikes,” and we therefore grant Bradley leave to
appeal in forma pauperis. We conclude, however, that dismissal of the action was
proper, because Bradley’s amended complaint failed to state a claim. See Moore v.
Sims, 200 F.3d 1170, 1171 (8th Cir. 2000) (per curiam) (standard of review).
Accordingly, we summarily affirm the dismissal, see 8th Cir. R. 47A(a), and
we vacate the portion of the district court’s order which states that the dismissal
constituted a third “strike.”
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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