David R. Bradley v. Douglas Weber

U.S. Court of Appeals for the Eighth Circuit
David R. Bradley v. Douglas Weber, 71 F. App'x 605 (8th Cir. 2003)

David R. Bradley v. Douglas Weber

Opinion

*606 PER CURIAM.

South Dakota inmate David R. Bradley appeals the district court’s 1 order dismissing his 42 U.S.C. § 1983 action, and determining that the dismissal was a “third strike” under 28 U.S.C. § 1915(g). Upon review, we are unable to find two previous dismissals that qualify as “strikes,” and we therefore grant Bradley leave to appeal in forma pauperis. We conclude, however, that dismissal of the action was proper, because Bradley’s amended complaint failed to state a claim. See Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir. 2000) (per curiam) (standard of review).

Accordingly, we summarily affirm the dismissal, see 8th Cir. R. 47A(a), and we vacate the portion of the district court’s order which states that the dismissal constituted a third “strike.”

1

. The Honorable Richard H. Battey, United States District Judge for the District of South Dakota.

Reference

Full Case Name
David R. BRADLEY, Appellant, v. Douglas WEBER, Warden, S.D. State Penitentiary; Thomas Gillcrest, Psychologist, S.D.S.P.; Gary Taylor, Unit Manager, S.D.S.P.; Jeff Bloomberg, S.D.S.P., Secretary of D.O.C., Appellees
Status
Unpublished