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MERRYFIELD v. JORDAN

No. 09-3002.

584 F.3d 923 (2009)

Dustin J. MERRYFIELD, Plaintiff-Appellant, v. Don JORDAN, Secretary of Kansas SRS, in his official capacity; Mark Schutter, Superintendent, Larned State Hospital, in his official capacity; Brenda W. Hagerman, Legal Counsel for Larned State Hospital, in her official capacity; Leo Herman, SPTP Policy Director, Larned State Hospital, in his official capacity; Austin Deslauriers, SPTP Clinical Director, Larned State Hospital, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 19, 2009.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Dustin J. Merryfield, Pro Se.

Danny J. Baumgartner, Department of Social and Rehabilitation Services, Topeka, KS, for Defendants-Appellees.

Before LUCERO, BALDOCK, and MURPHY, Circuit Judges.

BALDOCK, Circuit Judge.

Appearing pro se, Dustin J. Merryfield appeals from the district court's sua sponte dismissal of his action.1 Exercising jurisdiction under 28 U.S.C. § 1291, we affirm for substantially the same reasons stated by the district court. Further, we hold that Mr. Merryfield, who was civilly committed under the Kansas Sexually Violent Predator Act, Kan. Stat. Ann. §§ 59-29a01 to 59-29a22 (KSVPA), is not...

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