Shane William Johnson v. Unknown Grisham, C/O; Unknown Shultz, Lt. of Jail; Unknown Kelly, Nurse

United States Court of Appeals
For the Eighth Circuit
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No. 20-2082
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Shane William Johnson
lllllllllllllllllllllPlaintiff - Appellant
v.
Unknown Grisham, C/O; Unknown Shultz, Lt. of Jail; Unknown Kelly, Nurse
lllllllllllllllllllllDefendants - Appellees
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Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
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Submitted: September 16, 2020
Filed: October 20, 2020
[Unpublished]
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Before LOKEN, GRUENDER, and GRASZ, Circuit Judges.
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PER CURIAM.
Shane Johnson appeals the preservice dismissal of his complaint as frivolous
pursuant to 28 U.S.C. § 1915(e)(2). This court previously affirmed the dismissal of
Johnson’s claims against Lieutenant Schultz and Nurse Kelley. After careful review
of the remaining claims against Correctional Officer Grisham, we cannot say, at this
stage of the proceedings, that the allegations against Grisham have no arguable basis

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in law or fact. See Neitzke v. Williams, 490 U.S. 319, 328 (1989). Accordingly, we
reverse the preservice dismissal of the claims against Grisham, and remand to the
district court for issuance of service of process against Grisham, resolution of the
motion to compel and for further proceedings as appropriate.
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