Mitchell David Holbach v. Dr. Richard Jenkins, No. 09-2982 (8th Cir. 2010)
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. 09-2982 ___________ Mitchell David Holbach, Appellant, v. Dr. Richard Jenkins, Appellee. * * * * Appeal from the United States * District Court for the * District of North Dakota. * * [UNPUBLISHED] * ___________ Submitted: February 16, 2010 Filed: February 23, 2010 ___________ Before BYE, RILEY, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. North Dakota inmate Mitchell David Holbach appeals the district court s1 preservice dismissal without prejudice of his 42 U.S.C. ยง 1983 action. Upon de novo review, see Cooper v. Schriro, 189 F.3d 781, 783 (8th Cir. 1999) (per curiam), we agree with the district court that Holbach failed to state a claim. We affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Daniel L. Hovland, United States District Judge for the District of North Dakota, adopting the report and recommendations of the Honorable Charles S. Miller, Jr., United States Magistrate Judge for the District of North Dakota.
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