___________ No. 95-2045 ___________

Stanley H. Preston, * * Appellant, * * v. * * Captain Brown, East Arkansas * Regional Unit, Arkansas * Department of Correction; * Lt. McGee, East Arkansas * Regional Unit, Arkansas * Department of Correction; * George W. Beers, Hearing * Appeal from the United States Officer, East Arkansas Regional * District Court for the Unit, Arkansas Department of * Eastern District of Arkansas.

Correction; Robert Thorne, CO-1,* Security, East Arkansas * [UNPUBLISHED] Regional Unit, Arkansas * Department of Correction; * Michael Hall, CO-1, Security, * East Arkansas Regional Unit, * Arkansas Department of * Correction, originally sued as * "Michel Hall"; William Cross, * CO-1, Security, East Arkansas * Regional Unit, Arkansas * Department of Correction, * originally sued as "Willie * Cross," * * Appellees. * ___________ Submitted: February 5, 1996 Filed: February 9, 1996 ___________ Before FAGG, BOWMAN, and HANSEN, Circuit Judges. ___________

PER CURIAM.

Stanley H. Preston, an Arkansas inmate, appeals the District Court's1 dismissal of his 42 U.S.C. § 1983 (1988) action following an evidentiary hearing. Having carefully reviewed the entire record and the parties' submissions, we conclude the judgment of the District Court was correct. Accordingly, we affirm. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

The Honorable Garnett Thomas Eisele, United States District Judge for the Eastern District of Arkansas, adopting the report and recommendation of the Honorable John F. Forster, Jr., United States Magistrate Judge for the Eastern District of Arkansas.

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