MUHANNAD v. KINNEY

No. 93-3266.

51 F.3d 762 (1995)

Wa'il Mansur MUHANNAD, on behalf of himself and all others similarly situated; also known as Anthony Austin, Appellant, v. Michael KINNEY; Jane Grabenstein-Chandler; Gene Hruza; Bruce Kramer; John Eggers; Theresa Mulkey; Terry Neeman; Steve Peck; Lynn Wright; Unknown Strode, Sergeant; Harold W. Clarke; Frank X. Hopkins, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 4, 1995.


Attorney(s) appearing for the Case

Appellant pro se.

Appellee none filed.

Before McMILLIAN, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.


PER CURIAM.

Wa'il Mansur Muhannad appeals from the district court's order dismissing a due process claim as frivolous under 28 U.S.C. § 1915(d), and dismissing another due process claim under Federal Rule of Civil Procedure 12(b)(6) — prior to service of process — for failing to state a claim. We reverse and remand for further proceedings.

In his 42 U.S.C. § 1983 action, Nebraska inmate Muhannad...

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