Kenneth Lee Royal v. Dr. Young

U.S. Court of Appeals for the Eighth Circuit
Kenneth Lee Royal v. Dr. Young, 97 F. App'x 66 (8th Cir. 2004)

Kenneth Lee Royal v. Dr. Young

Opinion

PER CURIAM.

Former Arkansas inmate Kenneth Royal appeals the district court’s * preservice dismissal without prejudice of Royal’s 42 U.S.C. § 1983 action for failure to exhaust his administrative remedies. The dismissal occurred after Royal moved for dismissal without prejudice and for transfer to a state court, a transfer the district court lacked authority to grant. Because there *67 is no arguable basis for Royal’s appeal, see Newhouse v. McCormick & Co., 130 F.3d 302, 305 (8th Cir. 1997) (defining frivolousness), we dismiss this appeal as frivolous, and the dismissal counts as a “strike” for purposes of 28 U.S.C. § 1915(g).

*

The Honorable William R. Wilson, Jr., United States District Judge for the Eastern District of Arkansas.

Reference

Full Case Name
Kenneth ROYAL, Appellant, v. YOUNG, Dr., Pine Bluff Work Complex, ADC; Taylor, Dr., Pine Bluff Work Complex, ADC; Chang Lee, Dr., East Arkansas Regional Unit, ADC; Hartman, Dr., North Central Unit, ADC; Cherry Case, Manager, North Central Unit, ADC; Curddle, Nurse, North Central Unit, ADC, Appellees
Status
Unpublished