Bobby Dean Lewis v. Danny Estes ( 2000 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 00-1304
___________
Bobby Dean Lewis, *
*
Appellant, *
*
v. *
* Appeal from the United States
Danny Estes, in his individual and his * District Court for the
official capacity as Sheriff of * Western District of Missouri.
Nodaway County, Missouri; Tray *
Pitts, in his individual capacity as *
Deputy Sheriff; D. L. Merrill, Trooper, * [UNPUBLISHED]
in his individual capacity; David A. *
Baird, Prosecuting Attorney for *
Nodaway County, Missouri, in his *
individual capacity; Roger Combs, *
Circuit Judge for Nodaway County, *
Missouri, in his individual capacity, *
*
Appellees. *
___________
Submitted: November 6, 2000
Filed: November 8, 2000
___________
Before BEAM, FAGG, and LOKEN, Circuit Judges.
___________
PER CURIAM.
Missouri inmate Bobby Dean Lewis appeals the district court’s1 28 U.S.C.
§ 1915A dismissal of his 42 U.S.C. § 1983 action, in which he had sought a declaratory
judgment against a judge, a prosecuting attorney, a sheriff, a deputy sheriff, and a state
trooper.
Lewis argues this dismissal was erroneous because he paid his filing fee. We
disagree. See 28 U.S.C. § 1915A (granting district court authority to review, before
or immediately after docketing, all prisoners’ civil complaints that seek redress from
governmental entities, officers, or employees; court shall dismiss actions that are, inter
alia, frivolous or malicious); Rowe v. Shake, 196 F.3d 778, 781 (7th Cir. 1999) (based
on plain statutory language, Ҥ 1915A applies to all prisoners, no matter their fee
status, who bring suit against a government entity, officer, or employee”); Carr v.
Dvorin, 171 F.3d 115, 116 (2d Cir. 1999) (per curiam) (§ 1915A’s screening procedure
applies to all civil complaints filed by prisoners, regardless of payment of filing fee);
McGore v. Wrigglesworth, 114 F.3d 601, 608 (6th Cir. 1997) (same).
Accordingly, we affirm.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
1
The HONORABLE NANETTE K. LAUGHREY, United States District Judge
for the Western District of Missouri.
-2-