Kevin Smith v. Rick Eberhardt, No. 21-1247 (8th Cir. 2021)
Annotate this CaseCourt Description: [Per Curiam - Before Shepherd, Grasz, and Kobes, Circuit Judges] Civil case - Civil rights. Pre-service dismissal affirmed without further comment. [ May 05, 2021 ]
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 21-1247 ___________________________ Kevin G. Smith lllllllllllllllllllllPlaintiff - Appellant v. Rick Eberhardt, Pierce County Sheriff; Jason Dwinell, Wayne County Sheriff; County Deputy’s lllllllllllllllllllllDefendants - Appellees ____________ Appeal from United States District Court for the District of Nebraska - Omaha ____________ Submitted: May 3, 2021 Filed: May 6, 2021 [Unpublished] ____________ Before SHEPHERD, GRASZ, and KOBES, Circuit Judges. ____________ PER CURIAM. Kevin Smith appeals the district court’s1 pre-service dismissal of his 42 U.S.C. § 1983 action for failure to prosecute and failure to comply with an order of the court. After careful review of the record and Smith’s arguments on appeal, we find no basis for reversal. See Smith v. Gold Dust Casino, 526 F.3d 402, 404 (8th Cir. 2008) (standard of review). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska. -2-
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