Felix Arp v. Cerro Gordo County Sheriff, et al

Filing

PER CURIAM OPINION FILED - THE COURT: Diana E. Murphy, Morris S. Arnold and Steven M. Colloton (UNPUBLISHED) [4465404] [16-2733]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 16-2733
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Felix Allen Arp,
lllllllllllllllllllll Plaintiff - Appellant,
v.
Cerro Gordo County Sheriff,
lllllllllllllllllllll Defendant,
Matt Dale Klunder,
lllllllllllllllllllll Defendant - Appellee.
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Appeal from United States District Court
for the Northern District of Iowa - Ft. Dodge
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Submitted: October 28, 2016
Filed: November 2, 2016
[Unpublished]
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Before MURPHY, ARNOLD, and COLLOTON, Circuit Judges.
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Appellate Case: 16-2733

Page: 1

Date Filed: 11/02/2016 Entry ID: 4465404

PER CURIAM.
Felix Arp appeals after the district court1 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.
______________________________

1

The Honorable Leonard T. Strand, United States District Judge for the
Northern District of Iowa.
-2-

Appellate Case: 16-2733

Page: 2

Date Filed: 11/02/2016 Entry ID: 4465404