Andre Rahim/Hunter v. Eric Bowman, et al., No. 06-1167 (8th Cir. 2006)
Annotate this CaseCourt Description: Prisoner case- prisoner civil rights. Dismissal affirmed without comment.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 06-1167 ___________ Andre Rahim/Hunter, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. Eric Bowman, CO-I, East Arkansas * Regional Unit, ADC; Larry Norris, * Director, Arkansas Department of * [UNPUBLISHED] Correction; Ray Hobbs, Chief Deputy * Director, Arkansas Department of * Correction; G. Harmon, Warden, East * Arkansas Regional Unit, ADC; Mrs. * Tobar, Sgt., East Arkansas Regional * Unit; Arthur Brown, CO-I, East * Arkansas Regional Unit, ADC, * * Appellees. * ___________ Submitted: September 19, 2006 Filed: September 28, 2006 ___________ Before WOLLMAN, BEAM, and COLLOTON, Circuit Judges. ___________ PER CURIAM. Inmate Andre Rahim/Hunter appeals the district court s1 dismissal of his 42 U.S.C. § 1983 action after a pretrial evidentiary hearing. We grant him in forma pauperis status, leaving the fee-collection details to the district court. See Henderson v. Norris, 129 F.3d 481, 483-85 (8th Cir. 1997) (per curiam). We find no abuse of discretion in the district court s Federal Rule of Civil Procedure 4(m) dismissal without prejudice of the claims against defendant officers Eric Bowman and Arthur Brown. See Edwards v. Edwards, 754 F.2d 298, 298 (8th Cir. 1985) (per curiam). Having carefully reviewed the audiotape of the evidentiary hearing, see Johnson v. Cowell Steel Structures, Inc., 991 F.2d 474, 478 (8th Cir. 1993), we agree with the district court s assessment of Rahim/Hunter s claims against the remaining parties. Accordingly, we affirm. See 8th Cir. R. 47B. ____________________________ 1 The Honorable H. David Young, United States Magistrate Judge for the Eastern District of Arkansas, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c). -2-
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