Larry Davis v. Brian Daniel, No. 18-1903 (8th Cir. 2018)

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Court Description: Per Curiam - Before Kelly, Erickson and Grasz, Circuit Judges] Prisoner case - Civil Rights. Dismissal of action based on absolute prosecutorial immunity and Heck v. Humphrey, 512 U.S. 477 (1994) affirmed without comment. [ October 11, 2018
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-1903 ___________________________ Larry David Davis lllllllllllllllllllllPlaintiff - Appellant v. Detective Brian Daniel, Clark County Sheriff's Department; Detective Russell, Clark County Sheriff's Department; Kim Giels, part owner of Southfork Truck Stop; Blake Badston, Circuit Court Prosecutor lllllllllllllllllllllDefendants - Appellees ____________ Appeal from United States District Court for the Western District of Arkansas - Hot Springs ____________ Submitted: September 19, 2018 Filed: October 12, 2018 [Unpublished] ____________ Before KELLY, ERICKSON, and GRASZ, Circuit Judges. ____________ PER CURIAM. Arkansas inmate Larry Davis appeals the district court’s1 dismissal without prejudice of his pro se 42 U.S.C. § 1983 complaint based on absolute prosecutorial immunity and Heck v. Humphrey, 512 U.S. 477 (1994). Upon de novo review, see Cooper v. Schriro, 189 F.3d 781, 783 (8th Cir. 1999) (per curiam), we conclude that dismissal was proper. Accordingly, we affirm. See 8th Cir. R. 47B. Davis’s motion to expand the record is denied as futile. ______________________________ 1 The Honorable P.K. Holmes, III, Chief Judge, United States District Court for the Western District of Arkansas. -2-