R.S. McCullough, et al v. Stark Ligon, et al

Filing

PER CURIAM OPINION FILED - THE COURT: DUANE BENTON, JAMES B. LOKEN and DIANA E. MURPHY (UNPUBLISHED) [3755774] [10-2144]

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

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No. 10-2144
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R. S. McCullough; Darrell F.
Brown, Sr.,

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Appellants,
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v.
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Stark Ligon, in his capacity of
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Executive Director of Arkansas
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Committee on Professional Conduct;
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J. Michael Cogbill, in his capacity as
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Chairman of APCC Panel; State of
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Arkansas; Tom Glaze, in his official
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capacity as Justice of the Arkansas
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Supreme Court; Robert Brown, in his *
official capacity as Justice of the
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Arkansas Supreme Court,
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Defendants - Appellees,
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Betty Dickey, in her official capacity
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as Justice of the Arkansas Supreme
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Court,
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Defendant,
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James Hannah, in his official capacity *
as Justice of the Arkansas Supreme
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Court; Annabelle Clinton Imber, in her *
official capacity as Justice of the
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Arkansas Supreme Court; Donald
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Corbin, in his official capacity as
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Appellate Case: 10-2144

Page: 1

Appeal from the United States
District Court for the
Eastern District of Arkansas.
[UNPUBLISHED]

Date Filed: 02/15/2011 Entry ID: 3755774

Justice of the Arkansas Supreme Court;
Jim Gunter, in his official capacity as
Justice of the Arkansas Supreme Court;
Paul E. Danielson, in official capacity
as Justice of the Arkansas Supreme
Court,
Defendants - Appellees.

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Submitted: November 29, 2010
Filed: February 15, 2011
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Before LOKEN, MURPHY, and BENTON, Circuit Judges.
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PER CURIAM.
R. S. McCullough and Darrell Brown, Sr., appeal the district court’s1 order
dismissing without prejudice, their civil rights action, for lack of service and failure
to prosecute. Upon reviewing for abuse of discretion, see Boyle v. Am. Auto Serv.,
Inc., 571 F.3d 734, 742 (8th Cir. 2009) (Fed. R. Civ. P. 41(b) dismissal); Moore v.
Jackson, 123 F.3d 1082, 1085 (8th Cir. 1997) (per curiam) (Fed. R. Civ. P. 4(m)
dismissal), this court finds none and affirms. See 8th Cir. R. 47B.
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The Honorable David S. Doty, United States District Judge for the District of
Minnesota, sitting by designation in the Eastern District of Arkansas.
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Appellate Case: 10-2144

Page: 2

Date Filed: 02/15/2011 Entry ID: 3755774