Gerald Gillespie v. State of Minnesota, No. 11-1836 (8th Cir. 2011)
Annotate this CaseCourt Description: Civil Case - dismissal. Dismissal of action seeking to set aside a state criminal conviction for which the sentence has expired is summarily affirmed.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 11-1836 ___________ Gerald Arthur Gillespie, Appellant, v. State of Minnesota, Appellee. * * * * Appeal from the United States * District Court for the * District of Minnesota. * * [UNPUBLISHED] * ___________ Submitted: October 4, 2011 Filed: October 7, 2011 ___________ Before LOKEN, BYE, and COLLOTON, Circuit Judges. ___________ PER CURIAM. Gerald Arthur Gillespie appeals the district court s1 dismissal of his action seeking to set aside his state criminal conviction, for which his sentence has expired. Upon de novo review, see Hastings v. Wilson, 516 F.3d 1055, 1058 (8th Cir. 2008), we conclude that dismissal was proper for the reasons the district court stated. Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Ann D. Montgomery, United States District Judge for the District of Minnesota.
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