CARMONA v. ROSS

No. 04-1049.

376 F.3d 829 (2004)

Jesus CARMONA, Appellant, v. Dick ROSS; John Sausen; David Ten Eyck; David Hermerding; Jennifer Cummings; Tim Friis; Jesse Ventura; Mike Hatch; Don Inwards; Marshall Prescott; Rod McCulley; Harvey Doe; Pete Doe; Crow Wing County; City of Brainerd; Denny Peterson, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 22, 2004.


Attorney(s) appearing for the Case

Jesus Carmone, pro se.

John K. Iverson, Bloomington, MN, argued, for appellee.

Before WOLLMAN, BOWMAN, and HANSEN, Circuit Judges.


[PUBLISHED]

PER CURIAM.

Louisiana inmate Jesus Carmona appeals the district court's order dismissing unserved defendants, dismissing his second amended complaint, and denying his motion to compel discovery in his 42 U.S.C. § 1983 action, following a remand by this court to address those issues. We affirm the dismissal of unserved defendants who previously were named in the first amended complaint, but we modify the dismissal to be without prejudice...

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