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994 F.2d 843

Docket No. 92-3619.

William L. Stringer-El v. Crispus C. Nix, Paul Hedgepeth, John Henry, John Emmett, Jim Helling, Roger Lawson

Eighth Circuit Court of Appeals

Submitted: May 3, 1993. Filed: May 6, 1993.

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Eighth Circuit Court of Appeals · decided 1993-05-03

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Yagow v. United States · Tryon v. McCoy · Pletka v. Nix

Opinion by Per Curiam · Decided 1993-05-03

NOTICE: Eighth Circuit Rule 28A(k) governs citation of unpublished opinions and provides that they are not precedent and generally should not be cited unless relevant to establishing the doctrines of res judicata, collateral estoppel, the law of the case, or if the opinion has persuasive value on a material issue and no published opinion would serve as well.

Before McMILLIAN, WOLLMAN, and LOKEN, Circuit Judges.

PER CURIAM.

¶1

William L. Stringer-El, an Iowa inmate, appeals from the district court's1 order granting summary judgment for defendant prison officials and dissolving its preliminary injunction in this 42 U.S.C. § 1983 action. We affirm.

¶2

Prison officials transferred Stringer-El from the Iowa State Penitentiary to the Kansas State Penitentiary under the Interstate Corrections Compact. At the time of the transfer, Stringer-El was serving time in punitive segregation. Upon his arrival at the Kansas facility, Stringer-El was released to the general population. Upon his return to the Iowa prison, he was placed in segregation to serve out the balance of his disciplinary time.

¶3

We conclude that Pletka v. Nix, 957 F.2d 1480, 1485 (8th Cir.) (en banc), cert. denied, 113 S. Ct. 163 (1992), controls and that defendants were entitled to judgment as a matter of law. See Fed. R. Civ. P. 56(c). For this reason, the district court correctly dissolved the preliminary injunction.

¶4

The judgment is affirmed.

1

The Honorable Harold D. Vietor, United States District Judge for the Southern District of Iowa

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