___________ No. 95-3528 ___________ Eugene Wesley, * * Appellant, * * v. * Appeal from the United States * District Court for the Carolyn Steed, Circuit Clerk, * Western District of Arkansas.

Nevada County, Arkansas, * * [UNPUBLISHED] Appellee. *

___________ Submitted: March 7, 1996 Filed: March 11, 1996 ___________ Before FAGG, BOWMAN, and HANSEN, Circuit Judges. ___________ PER CURIAM.

Eugene Wesley appeals the District Court's1 dismissal of his 42 U.S.C. § 1983 (1994) complaint as frivolous under 28 U.S.C. § 1915(d) (1994). Having reviewed the record and Wesley's brief, we conclude the judgment of the District Court was correct. Accordingly, we affirm. See 8th Cir. R. 47B. We also deny his "motion for summary judgment" filed while this appeal was pending.

The Honorable Harry F. Barnes, United States District Judge for the Western District of Arkansas, adopting the report and recommendation of the Honorable Bobby E. Shepherd, United States Magistrate Judge for the Western District of Arkansas.

A true copy.

Attest:

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

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