ROBBINS v. CLARKE

No. 90-2431.

946 F.2d 1331 (1991)

Steve ROBBINS; Terrance O'Donnell, Wesley Kitt, Appellant, v. Harold CLARKE; Frank Gunter; Marie Pawol; Terri Weeks; Dr. Fox; Howard Ferguson; Alan Higley; Steve Vodicka; Frank Hopkins; Dr. Shaw; Mario Peart; Fred Brittain; Roger Pehrson; Ron Bevard; and, Matt Heckman, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 8, 1991.


Attorney(s) appearing for the Case

Steven D. Burns, Lincoln, Neb., argued, for appellant.

Mark D. Starr, Lincoln, Neb., argued (Robert M. Spire, on the brief), for appellees.

Before JOHN R. GIBSON and BOWMAN, Circuit Judges, and HEANEY, Senior Circuit Judge.


BOWMAN, Circuit Judge.

Wesley Kitt appeals from the dismissal of his section 1983 action. Jurisdiction is based upon 28 U.S.C. § 1291 (1988). We affirm.

On May 17, 1990, Kitt, a prisoner in the Medium Security Unit (MSU) of the Nebraska State Penitentiary (NSP), along with two other prisoners, filed a hand-written pro se complaint under 42 U.S.C. § 1983 (1988) in the District Court of Nebraska.1 The amended complaint...

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