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Felix Arp v. Cerro Gordo County Sheriff
670 F. App'x 425
| 8th Cir. | 2016
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*1 Before MURPHY, ARNOLD, and COLLOTON, Circuit Judges.

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PER CURIAM.

Felix Arp appeals after the district court dismissed his pro se 42 U.S.C. § 1983 [1] 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.

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

Case Details

Case Name: Felix Arp v. Cerro Gordo County Sheriff
Court Name: Court of Appeals for the Eighth Circuit
Date Published: Nov 2, 2016
Citation: 670 F. App'x 425
Docket Number: 16-2733
Court Abbreviation: 8th Cir.
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