Kenneth Lee Royal v. Dr. Young
This text of 97 F. App'x 66 (Kenneth Lee Royal v. Dr. Young) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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 *67 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.
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97 F. App'x 66, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kenneth-lee-royal-v-dr-young-ca8-2004.