Leonard Noble v. Gunner Delay ( 2016 )

United States Court of Appeals
For the Eighth Circuit
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No. 15-3624
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Leonard Noble
lllllllllllllllllllll Plaintiff - Appellant
v.
Gunner Delay, Prosecuting Attorney, Sebastian County; Daniel Shue, Deputy
Prosecuting Attorney, Sebastian County
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the Western District of Arkansas - Ft. Smith
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Submitted: July 7, 2016
Filed: July 14, 2016
[Unpublished]
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Before COLLOTON, GRUENDER, and KELLY, Circuit Judges.
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PER CURIAM.
Leonard Noble appeals after the district court1 dismissed his 42 U.S.C. § 1983
complaint and denied his discovery-related motion. After careful review, we conclude
that the dismissal was proper, see Gunter v. Farmers Ins. Co., 736 F.3d 768, 771 (8th
Cir. 2013) (grant of motion to dismiss for failure to state claim is reviewed de novo),
and that Noble was appropriately denied an opportunity to conduct discovery, see
Steinbuch v. Cutler, 518 F.3d 580, 591 (8th Cir. 2008) (court did not abuse its
discretion by refusing to allow discovery where complaint lacked sufficient
allegations to state claim). The judgment is affirmed. See 8th Cir. R. 47B.
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1
The Honorable P.K. Holmes, III, Chief Judge, United States District Court for
the Western District of Arkansas, adopting the report and recommendations of the
Honorable Mark E. Ford, United States Magistrate Judge for the Western District of
Arkansas.
-2-