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ECHOLS v. DWYER

No. 4:95-CV-2364-CDP.

914 F.Supp. 325 (1996)

Antoine ECHOLS Sr., Plaintiff, v. Michael J. DWYER, Defendant.

United States District Court, E.D. Missouri, Eastern Division.

January 30, 1996.

Attorney(s) appearing for the Case

Antoine Echols, Ray Brook, NY, pro se.

Linda Murphy, Clayton, MO, for defendant.

MEMORANDUM AND ORDER

PERRY, District Judge.

This matter is before the Court upon defendant's motion for substitution and the Court's own motion to dismiss the instant complaint for failure to state a claim. See Smith v. Boyd, 945 F.2d 1041, 1043 (8th Cir.1991) (district court sua sponte may dismiss a complaint under Federal Rule of Civil Procedure 12(b)(6) as long as the dismissal does not precede service of...

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