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Fogle v. Blake

United States Court of Appeals, Eighth Circuit
Jul 10, 2007
227 F. App'x 542 (8th Cir. 2007)

Summary

finding civil committee failed to state a constitutional claim regarding denial of a computer or typewriter

Summary of this case from Cerniglia v. Price

Opinion

No. 07-2140.

Submitted: July 2, 2007.

Filed: July 10, 2007.

Appeal from the United States District Court for the Eastern District of Missouri.

Michael L. Fogle, Farmington, MO, pro se.

Before RILEY, MAGILL, and MELLOY, Circuit Judges.


[UNPUBLISHED]


Michael Fogle (Fogle), a civilly committed resident of the Missouri Sexual Offender Treatment Center (MSOTC), appeals the district court's pre-service dismissal of his 42 U.S.C. § 1983 action. Fogle's complaint alleged his constitutional rights had been violated because the MSOTC denied Fogle the use of a typewriter or computer as medically recommended relief from handwriting. The district court dismissed the complaint pre-service pursuant to 28 U.S.C. § 1915(e)(2)(B), for being legally frivolous or for failing to state a claim.

The Honorable Henry E. Autrey, United States District Judge for the Eastern District of Missouri.

Upon de novo review, see Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir. 2000) (per curiam), we conclude that dismissal was proper, notwithstanding the liberal standard applied to pro se complaints, see Stone v. Harry, 364 F.3d 912, 914 (8th Cir. 2004) (explaining pro se complaints are to be construed liberally but must allege sufficient facts to support claims). Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.


Summaries of

Fogle v. Blake

United States Court of Appeals, Eighth Circuit
Jul 10, 2007
227 F. App'x 542 (8th Cir. 2007)

finding civil committee failed to state a constitutional claim regarding denial of a computer or typewriter

Summary of this case from Cerniglia v. Price

finding civil committee failed to state a constitutional claim regarding denial of a computer or typewriter

Summary of this case from Allen v. King

finding civil committee failed to state a constitutional claim regarding denial of a computer or typewriter

Summary of this case from Telucci v. Withrow

finding civil committee failed to state a constitutional claim regarding denial of a computer or typewriter

Summary of this case from Hurlbert v. Vickery

finding civil committee failed to state a constitutional claim regarding denial of a computer or typewriter

Summary of this case from ROBINSON v. JOYA

upholding sua sponte dismissal of complaint because it failed to state a claim on which relief could be granted

Summary of this case from Nyssen v. State

affirming sua sponte dismissal of non-prisoner in forma pauperis complaint pursuant to 28 U.S.C. § 1915(e)(B) as legally frivolous and failing to state a claim

Summary of this case from Angel v. Jonesboro Police Dep't

affirming district court's pre-service dismissal of non-prisoner's § 1983 complaint pursuant to 28 U.S.C. § 1915(e)(B)

Summary of this case from Lekoba v. Oboa-Franck

affirming district court's pre-service dismissal of non-prisoner's § 1983 complaint pursuant to 28 U.S.C. § 1915(e)(B)

Summary of this case from Randolph v. Holder

affirming district court's pre-service dismissal of non-prisoner's § 1983 Complaint pursuant to 28 U.S.C. § 1915(e)(B)

Summary of this case from Randolph v. Maryland

affirming district court's pre-service dismissal of non-prisoner's § 1983 Complaint pursuant to 28 U.S.C. § 1915(e)(B); Michau v. Charleston Cnty., S.C., 434 F.3d 725, 727 (4th Cir. 2006) (applying 28 U.S.C. § 1915(e)(B) to preliminary screen a non-prisoner Complaint); Zessin v. Neb. Health & Hum. Servs., 2007 WL 2406967 (D. Neb. Aug. 20, 2007) (stating "it is clear that 28 U.S.C. §1915(e)(B) authorizes dismissal of complaints filed in forma pauperis without regard to whether the plaintiff is a prisoner"); Womack v. Teleplan, 2003 WL 21289652 (N.D. Tx. May 29, 2003) (performing a preliminary screen of the plaintiff's complaint pursuant to 28 U.S.C. § 1915).

Summary of this case from Evans v. Cpl. Adam Albaugh
Case details for

Fogle v. Blake

Case Details

Full title:Michael L. FOGLE, Appellant, v. Alan BLAKE, Appellee

Court:United States Court of Appeals, Eighth Circuit

Date published: Jul 10, 2007

Citations

227 F. App'x 542 (8th Cir. 2007)

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