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Gary Roll and George B. Harris v. Mel Carnahan, Missouri Governor Jay Nixon, State Attorney General Dora Shriro, Director, Missouri State Department of Corrections Unknown Chairman, Missouri State Department of Probation and Parole

Citations: 226 F.3d 937; 2000 U.S. App. LEXIS 23984Docket: 00-3056

Court: Court of Appeals for the Eighth Circuit; September 8, 2000; Federal Appellate Court

Narrative Opinion Summary

Gary Roll and George B. Harris, both death row inmates in Missouri, filed a pro se civil rights lawsuit seeking to halt their executions. Roll was executed on August 30, 2000, and Harris was scheduled for execution on September 13, 2000. The United States District Court for the Eastern District of Missouri dismissed their lawsuit as frivolous, finding it did not state a valid claim for relief, and denied their requests for temporary restraining orders, injunctions, and emergency stays of execution under 28 U.S.C. § 1915(e)(2)(B). Roll and Harris appealed the decision. The Eighth Circuit Court of Appeals reviewed a prior panel's opinion that addressed Roll’s appeal and affirmed the district court's judgment regarding Harris's appeal, adopting the reasoning from the earlier ruling. The clerk was instructed to enter a separate judgment affirming the dismissal of Harris's case.

Legal Issues Addressed

Appellate Review and Affirmation of Lower Court's Decision

Application: The Eighth Circuit Court of Appeals reviewed and affirmed the district court's dismissal of Harris's appeal by adopting the reasoning from an earlier ruling.

Reasoning: The Eighth Circuit Court of Appeals reviewed a prior panel's opinion that addressed Roll’s appeal and affirmed the district court's judgment regarding Harris's appeal, adopting the reasoning from the earlier ruling.

Execution of Judgment by Appellate Court

Application: The appellate court instructed the clerk to enter a separate judgment affirming the dismissal of Harris's case, effectively upholding the lower court's decision.

Reasoning: The clerk was instructed to enter a separate judgment affirming the dismissal of Harris's case.

Frivolous Lawsuit Dismissal under 28 U.S.C. § 1915(e)(2)(B)

Application: The district court dismissed the inmates' civil rights lawsuit as frivolous, finding it did not state a valid claim for relief.

Reasoning: The United States District Court for the Eastern District of Missouri dismissed their lawsuit as frivolous, finding it did not state a valid claim for relief, and denied their requests for temporary restraining orders, injunctions, and emergency stays of execution under 28 U.S.C. § 1915(e)(2)(B).