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56 F. App'x 749

Samuel E. Massa v. Joel B. Eisenstein

U.S. Courts of Appeals

Decided March 4, 2003

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U.S. Courts of Appeals · decided 2003-03-04

Applies 28 U.S.C. § 1915

Relies on Chandler v. Presiding Judge · Waller v. Groose

Decided 2003-03-04

PER CURIAM.

¶1 After allowing Samuel Massa to proceed in forma pauperis (IFP), the district court 1 dismissed his complaint, prior to service, under 28 U.S.C. § 1915(e)(2)(B). *750 The court reasoned that the complaint was frivolous because of its similarity to Massa’s previous IFP complaint that had been dismissed as frivolous, see Waller v. Groose, 38 F.3d 1007, 1008 (8th Cir.1994) (per curiam); and that the claims, based on events that occurred more than ten years earlier, were barred by the five-year statute of limitations, see Chandler v. Presiding Judge, Callaway County, 838 F.2d 977, 978-79 (8th Cir.1988). Massa appeals. Having carefully reviewed the record, we affirm for the reasons stated by the district court. See 8th Cir. R. 47A(a).

1

¶2 . The Honorable E. Richard Webber, United States District Judge for the Eastern District of Missouri.

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