Jose R. Tineo v. Bureau of Prisons, No. 05-4115 (8th Cir. 2006)
Annotate this CaseCourt Description: Prisoner case - prisoner civil rights. Preservice dismissal affirmed without comment.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-4115 ___________ Jose Rafael Tineo, Suing as Jose Tineo, * * Appellant, * * v. * Appeal from the United States * District Court for the Federal Bureau of Prisons; Mayo * District of Minnesota. Hospital, Rochester, MN, * * [UNPUBLISHED] Appellees. * ___________ Submitted: October 5, 2006 Filed: October 11, 2006 ___________ Before RILEY, COLLOTON, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Federal inmate Jose Tineo appeals the district court s1 preservice dismissal of his complaint alleging medical malpractice and a violation of the Eighth Amendment. Having conducted de novo review of the dismissal, we agree with the district court s decision to dismiss the case, and we reject Tineo s arguments for reversal. See 1 Honorable Ann D. Montgomery, United States District Judge for the District of Minnesota. Cooper v. Schriro, 189 F.3d 781, 783 (8th Cir. 1999) (per curiam) (standard of review). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-
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