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Tarvuell CLARK, Appellant, v. Hugh G. HARRIS, Appellee

United States Court of Appeals for the Eighth Circuit2001-04-10No. No. 01-1341
8 F. App'x 571

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Opinion

majority opinion

PER CURIAM.

Federal prisoner Tarvuell Clark appeals the district court’s pre-service dismissal of his Bivens action and moves to proceed in forma pauperis (IFP) on appeal. Having carefully reviewed the record, see Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir.2000) (per curiam), we conclude that Mr. Clark’s complaint failed to state an Eighth Amendment claim upon which relief may be granted. Because Mr. Clark has paid the appellate filing fee, we deny his IFP motion as moot. Accordingly, we affirm. See 8th Cir. R. 47A(a).

. The Honorable Dean Whipple, Chief Judge, United States District Court for the Western District of Missouri.

. Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971).