United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 06-3956 ___________

Donald W. Duncan, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. Benton Police Dept., * * [UNPUBLISHED] Appellee. * ___________

Submitted: August 22, 2007 Filed: August 24, 2007 ___________

Before WOLLMAN, COLLOTON, and BENTON, Circuit Judges. ___________

PER CURIAM.

Donald Duncan appeals the district court’s1 dismissal of his 42 U.S.C. § 1983 action. We agree that dismissal was proper for the reasons stated by the district court. Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________

1 The Honorable George Howard, Jr., late a United States District Judge for the Eastern District of Arkansas.