Kenneth Lee Royal v. Dr. Young

97 F. App'x 66

Opinion

PER CURIAM.

Former Arkansas inmate Kenneth Royal appeals the district court’s * preservice dismissal without prejudice of Royal’s 42 U.S.C. § 1983 action for failure to exhaust his administrative remedies. The dismissal occurred after Royal moved for dismissal without prejudice and for transfer to a state court, a transfer the district court lacked authority to grant. Because there is no arguable basis for Royal’s appeal, see Newhouse v. McCormick & Co., 130 F.3d 302, 305 (8th Cir.1997) (defining frivolousness), we dismiss this appeal as frivolous, and the dismissal counts as a “strike” for purposes of 28 U.S.C. § 1915(g).

* The Honorable William R. Wilson, Jr., United States District Judge for the Eastern District of Arkansas.