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PERKO v. BOWERS

No. 90-2227.

945 F.2d 1038 (1991)

James PERKO, Appellant, v. Dr. BOWERS, Unknown Medical Personnel, Gerald Wireman, Frederick T. Counterman, Dr. Cowles, Kenneth Watson, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 24, 1991.

Rehearing and Rehearing Denied October 31, 1991.

Attorney(s) appearing for the Case

Julie Faye Keith, Kansas City, Mo., for appellant.

June Striegel, argued (Michael R. Whitworth, on brief), Jefferson City, Mo., for appellees.

Before McMILLIAN and BEAM, Circuit Judges, and BRIGHT, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied October 31, 1991.

BRIGHT, Senior Circuit Judge.

James Perko appeals the district court's dismissal of his 42 U.S.C. § 1983 action against officials and medical personnel of the Missouri State Penitentiary in Jefferson City, Missouri. The district court granted defendants' motion for dismissal under the "fugitive from justice rule," which allows a court to dismiss certain judicial proceedings of a prisoner because...

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