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MILLER v. BENSON

No. 94-1827.

51 F.3d 166 (1995)

Gary A. MILLER, all others similarly situated, Appellant, v. Dennis BENSON, Warden of MCF-OPH; Otis Zanders, resident program manager; Tom Morton, complex-2 cellhouse Lt.; Tom Grogan, industry program director; Guy Piras, industry program supervisor; Al Peterson, industry program supervisor; Larry Houle, industry shop foreman; Kevin Crowle, industry program shop foreman; John Doe, as a watch commander; John Doe, unknown at this time, "in their individual and official capacities," Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 3, 1995.

Attorney(s) appearing for the Case

Appellant, pro se.

Timothy J. Sawina, Asst. Atty. Gen., St. Paul, MN (Tracy M. Smith, on the brief), for appellee.

Before McMILLIAN, FAGG and BOWMAN, Circuit Judges.

McMILLIAN, Circuit Judge.

Gary A. Miller appeals from a final order entered in the District Court1 for the District of Minnesota dismissing with prejudice his 42 U.S.C. § 1983 civil rights action for failure to prosecute. For reversal plaintiff argues the district court erred in dismissing his civil rights action for failure to prosecute because he had in fact timely mailed a response to the defense motion for summary judgment and...

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