Christopher Proffit v. Larry Rowley

U.S. Court of Appeals for the Eighth Circuit
Christopher Proffit v. Larry Rowley, 44 F. App'x 748 (8th Cir. 2002)

Christopher Proffit v. Larry Rowley

Opinion

PER CURIAM.

Missouri inmate Christopher Proffit appeals the district court’s pre-service dismissal of his 42 U.S.C. § 1983 action as frivolous under 28 U.S.C. § 1915(e)(2)(B). Mr. Proffit seeks leave to proceed without prepayment of fees, the district court having certified that his appeal was not taken in good faith. We grant Mr. Proffit leave to appeal in forma pauperis and leave to the district court the details of calculating the initial partial appellate filing fee, and the collection of the balance of the $105 appellate filing fee. See Henderson v. Norris, 129 F.3d 481, 484-85 (8th Cir. 1997).

Further, we affirm the dismissal of all of Mr. Proffit’s claims except for his allegations that defendants retaliated against him in various specified ways in connection with his lawsuit against prison officials. On remand, Mr. Proffit should be directed to amend his complaint to identify: (1) each person he is naming as a defendant; and (2) what retaliatory act each defendant took against him.

Reference

Full Case Name
Christopher PROFFIT, Appellant, v. Larry ROWLEY, Acting Superintendent of NECC; Douglas Prudden, ASOM; Stacy Hinch, Correctional Officer II, NECC; Mary Riorden, Assistant Superintendent, NECC; Unknown Keffier, Caseworker Assistant Housing Seven, NECC; Unknown Keiffer, Functional Unit Manager, Housing Unit #1; B. Board, C.O.I. #42350, Appellees
Status
Unpublished