United States Court of Appeals FOR THE EIGHTH CIRCUIT

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No. 96-2398 ___________

John D. Lockhart, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Donna G. Adams, Registered * [UNPUBLISHED] Nurse; Christian Kolom, * Health Services Administrator, * * Appellees. * ___________

Submitted: February 27, 1997

Filed: March 10, 1997 ___________

Before BOWMAN, WOLLMAN, and BEAM, Circuit Judges. ___________

PER CURIAM.

John D. Lockhart, an inmate at Farmington Correctional Center, appeals from the order denying his motion for a temporary restraining order/preliminary injunction enjoining the disclosure of his psychiatric records in this action brought under 42 U.S.C. § 1983.

Finding no error in the district court’s1 finding that Lockhart has waived any psychiatrist-patient privilege by putting his psychological condition into issue, we affirm the order.

1 The Honorable Charles A. Shaw, United States District Judge for the Eastern District of Missouri. -2- See 8th Cir. Rule 47B.

A true copy.

Attest:

Clerk, U.S. Court of Appeals, Eighth Circuit.

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