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MILLER v. LINCOLN COUNTY

No. 98-2396.

171 F.3d 595 (1999)

Gerald Lee MILLER, Appellant, v. LINCOLN COUNTY; City of North Platte; Keith Richardson, Mayor, City of North Platte, NE; Martin Gutschenritter, Police Chief, City of North Platte, NE; Jim Whittaker; Duane Deterding; Gerri Phillips; Tom Unknown; Todd Unknown; Unknown Lamberty, Doctor; Unknown Foote, Medical Clinic, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 19, 1999.

Attorney(s) appearing for the Case

Gerald Miller, pro se.

Before: McMILLIAN, WOLLMAN, and HANSEN, Circuit Judges.

PER CURIAM.

Gerald Lee Miller appeals the dismissal of his 42 U.S.C. § 1983 complaint. The district court1 entered the dismissal order on March 20, 1998. Miller's certificate of service shows that he deposited his notice of appeal in the prison mail system on April 20, 1998, the thirty-first day following entry of the judgment. Giving Miller the benefit of the prison mail box rule, his notice of appeal was still filed one day out...

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