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72 F.3d 133

Docket Nos. 95-1605, 95-1633, 95-1634.

McCaslin v. Doe

Full caption · 3 consolidated cases

  • Michael McCASLIN, by his guardian ad litem, Bonnie McCaslinv.John DOE; Fillmore County; William L. Burgess, Sheriff of Fillmore County; Robert Higel, City Commissioner of Geneva Nebraska
  • Michael McCASLINv.FILLMORE COUNTY; John Doe; William L. Burgess, Sheriff of Fillmore County, in their official and individual capacity
  • Michael McCASLIN, by his guardian ad litem, Bonnie McCaslinv.John DOE, Defendants of American Charter S & L Head Office in Lincoln; Gary Hahn, Assistant Vice President, American Charter, Lincoln; York Police Department; Unknown Rathje, Sgt. of York City Police Department; Housing Authority, of City of York; Kerri Naber, Administrative Assistant of Housing Authority of City of York; Robert Sylvester, Administrator of Housing Authority of City of York; County of York; Charles W. Campbell, York County Prosecutor; American Charter Savings and Loan, York Branc

Eighth Circuit Court of Appeals

Submitted Nov. 17, 1995. Filed Dec. 7, 1995.

Eighth Circuit Court of Appeals · decided 1995-11-17

Cited by 4 later decisions — most recently October 2003

1 district ·

Relies on Loftin v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1995-11-17

View the full empirical analysis of this case →

NOTICE: Eighth Circuit Rule 28A(k) governs citation of unpublished opinions and provides that no party may cite an opinion not intended for publication unless the cases are related by identity between the parties or the causes of action.

Before BOWMAN, BEAM, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

PER CURIAM.

¶1

Michael McCaslin filed three separate pro se civil rights lawsuits and moved the District Court1 for appointment of counsel. The court appointed counsel, but counsel subsequently moved to withdraw because he could not file amended pleadings consistent with the obligations imposed by Federal Rule of Civil Procedure 11. The court appointed substitute counsel in one of the lawsuits (No. 95-1633) and, upon the recommendation of a magistrate judge, dismissed the other two actions. Substitute counsel moved to withdraw for the same reason McCaslin's original attorney moved to withdraw. The court granted substitute counsel's motion. McCaslin failed to serve the defendants named in his remaining lawsuit with a summons and a copy of the complaint despite the fact that the District Court gave him four months to do so. The District Court then dismissed the action for failure to serve process on the defendants. McCaslin appeals the dismissal of his three lawsuits.

¶2

The appellees have not filed briefs with this Court because they never were served by the appellant. Having reviewed McCaslin's brief and the relevant records of the District Court, we conclude that the court's dismissal of these cases was entirely correct and that an opinion by this court would lack precedential value. Accordingly, the judgments of the District Court are affirmed without further discussion. See 8th Cir. R. 47B.

1

The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska

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