United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 98-2096 ___________

Milos J. Jiricko, M. D., * * Appellant, * * v. * * Appeal from the United States Brian R. Plegge, Lawyer; Patrick * District Court for the J. Horgan, Lawyer; William D. Stiehl, * Eastern District of Missouri.

Federal Officer and Judge, United * [UNPUBLISHED] States District Court for Southern * District of Illinois, East St. Louis, * Illinois, in his official and individual * capacity, * * Appellees. * ___________ Submitted: October 28, 1998 Filed: November 3, 1998 ___________ Before WOLLMAN, HANSEN, and MURPHY, Circuit Judges. ___________ PER CURIAM.

Milos J. Jiricko, M.D., appeals the district court&s1 dismissal of his complaint, following a hearing, for failure to state a claim. Having reviewed the record and the parties& submissions on appeal, we conclude that the district court did not err in dismissing the action.

The judgment is affirmed. See 8th Cir. R. 47B. Jiricko&s motion for a hearing on appeal is denied.

A true copy.

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

ict Judge for the Eastern District of Missouri.

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