United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 98-1553 ___________ Cleve Wesley Stutzman, * * Appellant, * * v. * * Jarrett Daugherty, Police Officer, * Appeal from the United States Grand Island Police Department; * District Court for the Ellen L. Totzke, Hall County Attorney, * District of Nebraska.

Grand Island; Dave Waskowiak, * Deputy, Hall County Sheriff&s Office; * [UNPUBLISHED] Philip M. Martin, Jr., County Judge, * Hall County, * * Appellees. * ___________ Submitted: August 7, 1998 Filed: August 14, 1998 ___________ Before McMILLIAN, RICHARD S. ARNOLD, and MORRIS SHEPPARD ARNOLD, Circuit Judges. ___________ PER CURIAM.

Cleve Wesley Stutzman appeals from the district court&s1 dismissal of his complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). Having reviewed the record and the parties& briefs, we conclude the judgment was correct. See 8th Cir. R. 47B.

A true copy.

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

The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska, adopting the report and recommendations of the Honorable David L.

Piester, United States Magistrate Judge for the District of Nebraska.

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