Melvin Tyler et al. v. Marion Favazza, No. 06-3887 (8th Cir. 2007)

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Court Description: Prisoner case - prisoner civil rights. Dismissal of Section 1983 action affirmed, as modified.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 06-3887 ___________ Melvin Leroy Tyler; Kevin Bromwell; Duc Duong, * * * Appellants, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Marion V. Favazza, Clerk, Circuit * Court of St. Louis City, * [UNPUBLISHED] * Appellee. * ___________ Submitted: November 13, 2007 Filed: December 3, 2007 ___________ Before MURPHY, SMITH, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Missouri inmates Melvin Leroy Tyler, Kevin Bromwell, and Duc Duong appeal following the district court s1 adverse grant of summary judgment in their 42 U.S.C. ยง 1983 action. Having carefully reviewed the record and considered appellants arguments, we find no basis for reversing the orders challenged on appeal. Accordingly we affirm, see 8th Cir. R. 47B, although we modify the dismissal of the 1 The Honorable Carol E. Jackson, Chief Judge, United States District Court for the Eastern District of Missouri. supplemental state law claims to be without prejudice, see Franklin v. Zain, 152 F.3d 783, 786 (8th Cir. 1998). We also deny appellants pending motions. ______________________________ -2-

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