United States Eighth Circuit

An order dismissing in forma pauperis civilly confined plaintiff's 42 U.S.C. section 1983 action prior to service for failure to comply with a court order is reversed where the dismissal was an abuse of discretion since the record did not show that plaintiff deliberately failed to comply with an order to submit extra copies of his complaint, and dismissal was overly harsh under the circumstances, even though it was without prejudice.

Appellate Information

• Decided 11/02/2006
• Published 11/02/2006

Judges

• PER CURIAM., Before MURPHY, BYE, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Elliott Holly, pro se.