Dason Melius v. Lindsay Burke, No. 13-2312 (8th Cir. 2013)

Annotate this Case

Court Description: Prisoner case - Prisoner Civil Rights. Preservice dismissal under 28 U.S.C. Sec. 1915A affirmed without comment. [ November 06, 2013

Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-2312 ___________________________ Dason Boise Melius, lllllllllllllllllllll Plaintiff - Appellant, v. Lindsay Burke; Katherine Kerr; Gerald Jones; Terry Mapes, lllllllllllllllllllll Defendants - Appellees. ____________ Appeal from United States District Court for the Southern District of Iowa - Des Moines ____________ Submitted: October 18, 2013 Filed: November 7, 2013 [Unpublished] ____________ Before MURPHY, COLLOTON, and GRUENDER, Circuit Judges. ____________ PER CURIAM. Iowa inmate Dason Melius appeals the district court s1 preservice 28 U.S.C. § 1915A dismissal of his pro se 42 U.S.C. § 1983 complaint against four individuals 1 The Honorable Robert W. Pratt, United States District Judge for the Southern District of Iowa. employed at Iowa s Newton Correctional Facility. Upon careful de novo review, we conclude that the dismissal was proper, because we agree with the district court that Melius failed to state a claim upon which relief could be granted. See 28 U.S.C. § 1915A (in civil action by prisoner for redress from governmental entity or officer or employee thereof, court shall dismiss complaint if court determines action fails to state claim); see also Cooper v. Schriro, 189 F.3d 781, 783 (8th Cir. 1999) (per curiam) (de novo review). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.