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DAVIS v. DANIEL (2018)

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United States Court of Appeals, Eighth Circuit.

Larry David DAVIS Plaintiff-Appellant v. Detective Brian DANIEL, Clark County Sheriff's Department; Detective Russell, Clark County Sheriff's Department; Kim Giels, part owner of Southfork Truck Stop; Blake Badston, Circuit Court Prosecutor Defendants-Appellees

No. 18-1903

Decided: October 12, 2018

Before KELLY, ERICKSON, and GRASZ, Circuit Judges. Larry David Davis, Pro Se

[Unpublished]

Arkansas inmate Larry Davis appeals the district court’s 1 dismissal without prejudice of his pro se 42 U.S.C. § 1983 complaint based on absolute prosecutorial immunity and Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994). Upon de novo review, see Cooper v. Schriro, 189 F.3d 781, 783 (8th Cir. 1999) (per curiam), we conclude that dismissal was proper. Accordingly, we affirm. See 8th Cir. R. 47B. Davis’s motion to expand the record is denied as futile.

FOOTNOTES

1.   The Honorable P.K. Holmes, III, Chief Judge, United States District Court for the Western District of Arkansas.

PER CURIAM.

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