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WABASHA v. SMITH

No. 90-5573.

956 F.2d 745 (1992)

Elroy L. WABASHA, Appellant, v. Jim SMITH, Lynn Delano, Doug Wynia, Karen Stacey, Michael B. Smith, M. Vonteti, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed February 7, 1992.

Rehearing Denied March 9, 1992.

Attorney(s) appearing for the Case

John Schlimgen, Sioux Falls, S.D., argued, for appellant.

Frank Geaghan, Asst. Atty. Gen., Pierre, S.D., argued, for appellees.

Before BEAM, Circuit Judge, HEANEY, Senior Circuit Judge, and LOKEN, Circuit Judge.

PER CURIAM.

Elroy L. Wabasha, a South Dakota inmate, appeals a final judgment of the district court1 sua sponte dismissing prior to service his 42 U.S.C. § 1983 complaint, which was filed in forma pauperis under 28 U.S.C. § 1915(a). Upon careful review of the record, we conclude that the district court committed no error in dismissing the complaint. Therefore, we affirm.

HEANEY, Senior Circuit Judge, dissenting.

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