Shane Johnson v. Unknown Grisham, No. 20-2082 (8th Cir. 2020)
Annotate this CaseCourt Description: [Per Curiam - Before Loken, Gruender and Grasz, Circuit Judges] Civil case. The district court erred in dismissing plaintiffs complaints against Correctional Officer Graham pursuant to 28 U.S.C. Sec. 1915(c)(2) as this court could not say at this stage of the litigation that the allegations against Graham have no arguable basis in law or fact; remanded for issuance of process against Graham and further proceedings. [ October 19, 2020 ]
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-2082 ___________________________ Shane William Johnson lllllllllllllllllllllPlaintiff - Appellant v. Unknown Grisham, C/O; Unknown Shultz, Lt. of Jail; Unknown Kelly, Nurse lllllllllllllllllllllDefendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: September 16, 2020 Filed: October 20, 2020 [Unpublished] ____________ Before LOKEN, GRUENDER, and GRASZ, Circuit Judges. ____________ PER CURIAM. Shane Johnson appeals the preservice dismissal of his complaint as frivolous pursuant to 28 U.S.C. § 1915(e)(2). This court previously affirmed the dismissal of Johnson’s claims against Lieutenant Schultz and Nurse Kelley. After careful review of the remaining claims against Correctional Officer Grisham, we cannot say, at this stage of the proceedings, that the allegations against Grisham have no arguable basis in law or fact. See Neitzke v. Williams, 490 U.S. 319, 328 (1989). Accordingly, we reverse the preservice dismissal of the claims against Grisham, and remand to the district court for issuance of service of process against Grisham, resolution of the motion to compel and for further proceedings as appropriate. ______________________________ -2-
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