Eaton v. Minnesota Attorney General's Office , 445 F. App'x 901 ( 2011 )


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  •                     United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 11-1949
    ___________
    Alicia Shakia Eaton; E.F.D., a minor, *
    by Alicia S. Eaton, his mother and    *
    legal guardian; S.K.J., a minor, by   *
    Alicia S. Eaton, her mother and legal *
    guardian,                             *
    *
    Appellants,              *
    * Appeal from the United States
    v.                             * District Court for the
    * District of Minnesota.
    Minnesota Attorney General’s Office; *
    Hennepin County Attorney’s Office;    * [UNPUBLISHED]
    Hennepin County Conciliation Court; *
    Nancy Adams, Clerk; Hennepin County *
    District Court; John Q. McShane,      *
    Judge; Natividad Acevedo,             *
    *
    Appellees.               *
    ___________
    Submitted: December 22, 2011
    Filed: December 28, 2011
    ___________
    Before WOLLMAN, SMITH, and GRUENDER, Circuit Judges.
    ___________
    PER CURIAM.
    Alicia Eaton, on behalf of herself and her two minor children, appeals the
    district court’s1 dismissal of their civil-rights complaint for failure to state a claim.
    After careful review, we conclude that the district court did not abuse its discretion
    in denying leave to amend the complaint, see Popoalii v. Corr. Med. Servs., 
    512 F.3d 488
    , 497 (8th Cir. 2008) (standard of review); and that dismissal was proper, see
    Federer v. Gephardt, 
    363 F.3d 754
    , 757 (8th Cir. 2004) (Fed. R. Civ. P. 12(b)(6)
    dismissal is reviewed de novo). Accordingly, we affirm, see 8th Cir. R. 47B, except
    that we modify the dismissal of any state-law claims to be without prejudice, see
    Labickas v. Ark. State Univ., 
    78 F.3d 333
    , 334-35 (8th Cir. 1996) (per curiam).
    ______________________________
    1
    The Honorable John R. Tunheim, United States District Court for the District
    of Minnesota, adopting the report and recommendations of the Honorable Franklin
    L. Noel, United States Magistrate Judge for the District of Minnesota.
    -2-
    

Document Info

Docket Number: 11-1949

Citation Numbers: 445 F. App'x 901

Judges: Wollman, Smith, Gruender

Filed Date: 12/28/2011

Precedential Status: Non-Precedential

Modified Date: 11/5/2024