U.S. Court of Appeals for the Eighth Circuit, 2004

Kenneth Lee Royal v. Dr. Young

Kenneth Lee Royal v. Dr. Young
U.S. Court of Appeals for the Eighth Circuit · Decided May 17, 2004 · Arnold, Fagg, Smith
97 F. App'x 66

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.

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