Mwati McKenzie v. Joan Fabian, etc., et al, No. 09-1817 (8th Cir. 2010)

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Court Description: Civil case - civil rights. Dismissal affirmed without comment.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-1817 ___________ Mwati P. McKenzie, * * Appellant, * * Appeal from the United States v. * District Court for the * District of Minnesota. Joan Fabian, Commissioner of * Corrections; Lynn Dingle, Chief * [UNPUBLISHED] Corrections Officer; Erik Skon, * Deputy Assistant Commissioner, * * Appellees. * ___________ Submitted: December 22, 2009 Filed: January 8, 2010 ___________ Before WOLLMAN, RILEY, and SMITH, Circuit Judges. ___________ PER CURIAM. Mwati McKenzie appeals the district court s1 dismissal of his civil-rights action. Upon de novo review, see Parkhurst v. Tabor, 569 F.3d 861, 865 (8th Cir. 2009), we conclude dismissal was proper for failure to state a claim. We affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Paul A. Magnuson, United States District Judge for the District of Minnesota, adopting the report and recommendation of the Honorable Janie S. Mayeron, United States Magistrate Judge for the District of Minnesota.

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