U.S. Court of Appeals for the Eighth Circuit, 2002

William Frank Jones v. Dale West

William Frank Jones v. Dale West
U.S. Court of Appeals for the Eighth Circuit · Decided October 8, 2002

William Frank Jones v. Dale West

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 01-3139 ___________ William Frank Jones, Jr., * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas.

Dale West, Deputy Prosecuting * Attorney, Jefferson County, Arkansas, * * [UNPUBLISHED] Defendant, * * J. Zuber, Detective, Pine Bluff Police * Department; K. L. Sergeant, Detective, * Pine Bluff Police Department; Dick * Madsen, Detective, Pine Bluff Police * Department, originally sued as Dick * Madson; J. P. Harrell, Detective, Pine * Bluff Police Department; Calhoun, * Detective, Pine Bluff Police * Department; John Does, 1 - aka Agent * 1093, aka Dilipkiman Petal (owner) * and John Doe 2 - aka (Owner) Foster * Towing & Recovery, Inc., John Doe 3 * and John Doe 4 - aka Manager, Motel * 65, * * Appellees, * * Berlin Jones, Circuit Judge of Jefferson * County, Arkansas; Betty Dickey, Ex- * Prosecuting Attorney, Jefferson County, * Arkansas; Steven Dalrylmple, * Prosecuting Attorney, Jefferson * County, Arkansas; Fred D. Davis, III, * Hon., Circuit/Chancery Judge, * Jefferson County, Arkansas, * * Defendants, * * Brenda Hardin, Deputy-Clerk, * Jefferson County Circuit Court Clerk’s * Office, * * Appellee. * ___________ Submitted: October 3, 2002 Filed: October 8, 2002 ___________ Before WOLLMAN, MORRIS SHEPPARD ARNOLD, and MELLOY, Circuit Judges. ___________ PER CURIAM.

Arkansas inmate William Frank Jones appeals following the district court’s1 dismissals and adverse grant of summary judgment in his 42 U.S.C. § 1983 action.

Upon careful de novo review, see Schaller Tel. Co. v. Golden Sky Sys., 298 F.3d 736, 740 (8th Cir. 2002) (Fed. R. Civ. P. 12(b)(6)); Kelly v. Kluck, 249 F.3d 773, 777 (8th Cir. 2001) (summary judgment), we conclude that the district court did not err in dismissing some claims and granting summary judgment on others. We further

The Honorable Garnett Thomas Eisele, United States District Judge for the Eastern District of Arkansas. -2- conclude the district court did not abuse its discretion in refusing to enter default judgment, and in denying Jones a pretrial hearing.

Accordingly, we affirm. See 8th Cir. R. 47B. Jones’s motions for appointment of counsel and for transfer to another prison are denied.

A true copy.

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

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