U.S. Court of Appeals for the Eighth Circuit, 1998

Albert Hernandez v. Leroy Brownlee

Albert Hernandez v. Leroy Brownlee
U.S. Court of Appeals for the Eighth Circuit · Decided April 14, 1998

Albert Hernandez v. Leroy Brownlee

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 97-3456 ___________ Albert Casiano Hernandez, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas.

Leroy Brownlee, also known as Leroy * [UNPUBLISHED] Brown; Clementine Infante, * * Appellees. * ___________ Submitted: April 7, 1998 Filed: April 14, 1998 ___________ Before BOWMAN, WOLLMAN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. ___________ PER CURIAM.

Albert Casiano Hernandez appeals the district court&s1 dismissal pursuant to 28 U.S.C.A. § 1915A (Supp. 1998), of his 42 U.S.C. § 1983 action and the denial of his Fed. R. Civ. P. 59(e) motion to reconsider. Upon review of the record and Hernandez&s submissions on appeal, we conclude that dismissal of Hernandez&s claims against

The Honorable Garnett Thomas Eisele, United States District Judge for the Eastern District of Arkansas.

Brownlee was warranted, as Hernandez&s allegations were insufficient to state a claim.

See 28 U.S.C.A. § 1915A(b)(1) (Supp. 1998). We also conclude that dismissal without prejudice was appropriate as to Infante, as Hernandez&s allegations against her were insufficiently specific. See Edgington v. Missouri Dep&t of Corrections, 52 F.3d 777, 779 (8th Cir. 1995). Accordingly, we affirm the judgment and denial of the Rule 59(e) motion.

A true copy.

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

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