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PECK v. MORTIMER

No. 81-1251.

650 F.2d 929 (1981)

Sylvester Harold PECK, Appellant, v. Hughes County Sheriff Arlo MORTIMER, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 10, 1981.

Attorney(s) appearing for the Case

Sylvester Harold Peck, pro se.

Max A. Gors, Pierre, S. D., for appellee.

Before HEANEY, HENLEY and McMILLIAN, Circuit Judges.

PER CURIAM.

Appellant Sylvester Peck, an inmate of the South Dakota State Penitentiary at Sioux Falls, South Dakota, appeals pro se from an order of the district court1 denying certification of a plaintiff class and dismissing Peck's complaint without prejudice on the ground that it was without merit. On appeal, we do not reach the merits of the district court's dismissal, but instead dismiss the appeal as moot.

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