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Arp v. Cerro Gordo Cnty. Sheriff

United States Court of Appeals For the Eighth Circuit
Nov 2, 2016
No. 16-2733 (8th Cir. Nov. 2, 2016)

Opinion

No. 16-2733

11-02-2016

Felix Allen Arp, Plaintiff - Appellant, v. Cerro Gordo County Sheriff, Defendant, Matt Dale Klunder, Defendant - Appellee.


Appeal from United States District Court for the Northern District of Iowa - Ft. Dodge [Unpublished] Before MURPHY, ARNOLD, and COLLOTON, Circuit Judges. PER CURIAM.

Felix Arp appeals after the district court dismissed his pro se 42 U.S.C. § 1983 complaint. We grant leave to proceed in forma pauperis on appeal. Upon careful review, we find no reason to reverse the dismissal order because Arp failed to specify the capacity in which the defendant was sued despite warnings from the district court. Therefore, the court interprets the complaint as asserting only official-capacity claims, which are barred by Eleventh Amendment. See Baker v. Chisom, 501 F.3d 920, 923, 925 (8th Cir. 2007); Alabama v. Pugh, 438 U.S. 781, 782 (1978). Accordingly, the judgment of the district court is affirmed. See 8th Cir. R. 47B.

The Honorable Leonard T. Strand, United States District Judge for the Northern District of Iowa. --------


Summaries of

Arp v. Cerro Gordo Cnty. Sheriff

United States Court of Appeals For the Eighth Circuit
Nov 2, 2016
No. 16-2733 (8th Cir. Nov. 2, 2016)
Case details for

Arp v. Cerro Gordo Cnty. Sheriff

Case Details

Full title:Felix Allen Arp, Plaintiff - Appellant, v. Cerro Gordo County Sheriff…

Court:United States Court of Appeals For the Eighth Circuit

Date published: Nov 2, 2016

Citations

No. 16-2733 (8th Cir. Nov. 2, 2016)

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