Bobby Dean Lewis v. Danny Estes

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 00-1304 ___________ Bobby Dean Lewis, * * Appellant, * * v. * * Appeal from the United States Danny Estes, in his individual and his * District Court for the official capacity as Sheriff of * Western District of Missouri. Nodaway County, Missouri; Tray * Pitts, in his individual capacity as * Deputy Sheriff; D. L. Merrill, Trooper, * [UNPUBLISHED] in his individual capacity; David A. * Baird, Prosecuting Attorney for * Nodaway County, Missouri, in his * individual capacity; Roger Combs, * Circuit Judge for Nodaway County, * Missouri, in his individual capacity, * * Appellees. * ___________ Submitted: November 6, 2000 Filed: November 8, 2000 ___________ Before BEAM, FAGG, and LOKEN, Circuit Judges. ___________ PER CURIAM. Missouri inmate Bobby Dean Lewis appeals the district court’s1 28 U.S.C. § 1915A dismissal of his 42 U.S.C. § 1983 action, in which he had sought a declaratory judgment against a judge, a prosecuting attorney, a sheriff, a deputy sheriff, and a state trooper. Lewis argues this dismissal was erroneous because he paid his filing fee. We disagree. See 28 U.S.C. § 1915A (granting district court authority to review, before or immediately after docketing, all prisoners’ civil complaints that seek redress from governmental entities, officers, or employees; court shall dismiss actions that are, inter alia, frivolous or malicious); Rowe v. Shake, 196 F.3d 778, 781 (7th Cir. 1999) (based on plain statutory language, “§ 1915A applies to all prisoners, no matter their fee status, who bring suit against a government entity, officer, or employee”); Carr v. Dvorin, 171 F.3d 115, 116 (2d Cir. 1999) (per curiam) (§ 1915A’s screening procedure applies to all civil complaints filed by prisoners, regardless of payment of filing fee); McGore v. Wrigglesworth, 114 F.3d 601, 608 (6th Cir. 1997) (same). Accordingly, we affirm. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT. 1 The HONORABLE NANETTE K. LAUGHREY, United States District Judge for the Western District of Missouri. -2-