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CLARK v. SOLEM

No. 80-1353.

628 F.2d 1120 (1980)

Dale Louis CLARK, Appellant, v. Herman SOLEM, Warden, Individually and in his official capacity, c/o South Dakota State Penitentiary, Sioux Falls, S.D., and Fred Devaney, Division of Criminal Investigation Agent, Individually and in his official capacity, c/o The Public Safety Building, Sioux Falls, South Dakota, and Mike Schilling, Former inmate of the South Dakota State Prison, Individually and as an agent of the State of South Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 28, 1980.

Attorney(s) appearing for the Case

Dale Louis Clark, pro se.

Mark V. Meierhenry, Atty. Gen., and Kevin F. Manson, Asst. Atty. Gen., Pierre, S. D., for appellees.

Before ROSS, HENLEY and McMILLIAN, Circuit Judges.

PER CURIAM.

Dale Louis Clark, proceeding pro se, appeals the dismissal of this action brought under 42 U.S.C. §§ 1983 and 1985. Clark, an inmate of the South Dakota State Penitentiary, brought suit against Herman Solem, warden of that institution, and other state officials for actions relating to a prison incident in which Clark was stabbed. The district court dismissed the action for failure to state a claim for which relief could be granted.

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