Andre Rahim/Hunter v. Eric Bowman

197 F. App'x 526

• Court: Court of Appeals for the Eighth Circuit
• Decided: September 28, 2006
• Docket: 06-1167
• Status: Unpublished

Opinion

PER CURIAM.

Inmate Andre Rahim/Hunter appeals the district court’s 1 dismissal of his 42 U.S.C. § 1983 action after a pretrial evidentiary hearing. We grant him in forma pauperis status, leaving the fee-collection details to the district court. See Henderson v. Norris, 129 F.3d 481, 483-85 (8th Cir.1997) (per curiam). We find no abuse of discretion in the district court’s Federal Rule of Civil Procedure 4(m) dismissal without prejudice of the claims against defendant officers Eric Bowman and Arthur Brown. See Edwards v. Edwards, 754 F.2d 298, 298 (8th Cir.1985) (per curiam). Having carefully reviewed the audiotape of the evidentiary hearing, see Johnson v. Cowell Steel Structures, Inc., 991 F.2d 474, 478 (8th Cir.1993), we agree with the district court’s assessment of Rahim/Hunter’s claims against the remaining parties.

Accordingly, we affirm. See 8th Cir. R. 47B.

1 . The Honorable H. David Young, United States Magistrate Judge for the Eastern Dis trict of Arkansas, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c).