Evans v. Precythe, 568 S.W.3d 458 (2019)

Jan. 22, 2019 · Missouri Court of Appeals, Western District · WD 81826
568 S.W.3d 458

Sterling EVANS, Appellant,
v.
Ann PRECYTHE and Matthew Pierce, Respondents.

WD 81826

Missouri Court of Appeals, Western District.

Filed: January 22, 2019
Motion for Rehearing and/or Transfer to Supreme Court Denied February 26, 2019

Sterling M. Evans, Bonne Terre, appellant pro se.

Peter Houser, Jefferson City for respondents.

Before Division Two: Alok Ahuja, P.J., and Thomas H. Newton and Mark D. Pfeiffer, JJ.

ORDER

PER CURIAM:

In May 2014, Appellant Sterling Evans was an inmate at the Farmington Correctional Center. He was investigated for alleged misconduct, which resulted in prison discipline, but no criminal charges. Evans filed a petition for expungement of the records of the prison misconduct investigation pursuant to § 610.122, RSMo. The circuit court granted the defendants' motion to dismiss for failure to state a claim upon which relief can be granted, because Evans did not seek expungement of the sort of "records of arrest" addressed in § 610.122, RSMo, and because he was ineligible for expungement because he had been previously convicted of a felony. Evans *459appeals. We affirm. Because a published opinion would have no precedential value, we have provided the parties an unpublished memorandum setting forth the reasons for this order. Rule 84.16(b).