HAKE v. CLARKE

No. 95-1960.

91 F.3d 1129 (1996)

John K. HAKE, Appellant, v. Harold W. CLARKE, Director, Nebraska Department of Correctional Services; Karen Shortridge, Associate, Director Adult Institutions, Nebraska Department of Correctional Services; Terry Ewing, Security Coordinator, Nebraska Department of Correctional Services; Larry Tewes, Associate Director, Adult Classification and Programs, Nebraska Department of Correctional Services, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 2, 1996.


Attorney(s) appearing for the Case

John K. Hake, pro se.

Terri M. Weeks, Lincoln, NE (Don Stenberg, Atty. Gen., and Theresia M. Urich, on the brief), for appellees.

Before WOLLMAN, MAGILL, and HANSEN, Circuit Judges.


PER CURIAM.

John K. Hake appeals from the district court's sua sponte dismissal, under Federal Rule of Civil Procedure 12(b)(6), of his 42 U.S.C. § 1983 complaint. We reverse and remand for further proceedings.

In April 1994, Nebraska inmate Hake filed a civil rights complaint in forma pauperis (IFP) against Nebraska Department of Correctional Services Director Harold Clarke, Associate Director Karen Shortridge, and the Director's Review Committee members...

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