R.S. McCullough v. Stark Ligon

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT

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No. 10-2144

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R. S. McCullough; Darrell F. * Brown, Sr., *

*

Appellants, *

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v. *

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Stark Ligon, in his capacity of * Executive Director of Arkansas * Committee on Professional Conduct; * Appeal from the United States J. Michael Cogbill, in his capacity as * District Court for the Chairman of APCC Panel; State of * Eastern District of Arkansas. Arkansas; Tom Glaze, in his official * capacity as Justice of the Arkansas * [UNPUBLISHED] Supreme Court; Robert Brown, in his * official capacity as Justice of the * Arkansas Supreme Court, *

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Defendants - Appellees, *

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Betty Dickey, in her official capacity * as Justice of the Arkansas Supreme * Court, *

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Defendant, *

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James Hannah, in his official capacity * as Justice of the Arkansas Supreme * Court; Annabelle Clinton Imber, in her * official capacity as Justice of the * Arkansas Supreme Court; Donald * Corbin, in his official capacity as *

Justice of the Arkansas Supreme Court; * Jim Gunter, in his official capacity as * Justice of the Arkansas Supreme Court; * Paul E. Danielson, in official capacity * as Justice of the Arkansas Supreme * Court, *

*

Defendants - Appellees. *

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Submitted: November 29, 2010 Filed: February 15, 2011

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Before LOKEN, MURPHY, and BENTON, Circuit Judges.

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PER CURIAM.

R. S. McCullough and Darrell Brown, Sr., appeal the district court’s1 order dismissing without prejudice, their civil rights action, for lack of service and failure to prosecute. Upon reviewing for abuse of discretion, see Boyle v. Am. Auto Serv., Inc., 571 F.3d 734, 742 (8th Cir. 2009) (Fed. R. Civ. P. 41(b) dismissal); Moore v. Jackson, 123 F.3d 1082, 1085 (8th Cir. 1997) (per curiam) (Fed. R. Civ. P. 4(m) dismissal), this court finds none and affirms. See 8th Cir. R. 47B.

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1 The Honorable David S. Doty, United States District Judge for the District of Minnesota, sitting by designation in the Eastern District of Arkansas.