United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 01-2655 ___________

Johnny R. Higgins, * * Appellant, * Appeal from the United States * District Court for the Eastern v. * District of Missouri. * City of Wellston, * [UNPUBLISHED] * Appellee. * ___________

Submitted: September 7, 2001

Filed: September 21, 2001 ___________

Before HANSEN, FAGG, and BEAM, Circuit Judges. ___________

PER CURIAM.

Johnny R. Higgins appeals the district court's* nonprejudicial pre-service dismissal of Higgins's civil lawsuit under the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213, and 42 U.S.C. § 1983. We grant Higgins in forma pauperis status on appeal, and on de novo review we affirm for the reasons stated in the district court's opinion. See 8th Cir. R. 47B.

* The Honorable Donald J. Stohr, United States District Judge for the Eastern District of Missouri. A true copy.

Attest:

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

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