Theresa Barbero v. Wilhoit Property Management ( 2020 )

United States Court of Appeals
For the Eighth Circuit
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No. 19-2790
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Theresa Marie Barbero
lllllllllllllllllllllPlaintiff - Appellant
v.
Wilhoit Property Management, Inc.
lllllllllllllllllllllDefendant - Appellee
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Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: February 26, 2020
Filed: March 2, 2020
[Unpublished]
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Before GRUENDER, WOLLMAN, and STRAS, Circuit Judges.
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PER CURIAM.
Theresa Barbero, proceeding pro se, brought this civil action against Wilhoit
Property Management, Inc., the owner of an apartment building where she briefly
lived. The district court 1 dismissed her complaint and denied her request to amend
it.
We conclude that dismissal was proper. See Hopkins v. City of Bloomington,
774 F.3d 490, 491 (8th Cir. 2014) (stating that we apply de-novo review to the grant
of a motion to dismiss for failure to state a claim). Barbero’s proposed amendments
would not have fixed the problems with her complaint, so it would have been futile
to give her leave to amend it. See Plymouth Cty. v. Merscorp, Inc., 774 F.3d 1155,
1160 (8th Cir. 2014) (explaining that a determination of futility is a legal conclusion
subject to de-novo review); Reuter v. Jax Ltd., 711 F.3d 918, 922 (8th Cir. 2013)
(noting that futility is a sufficient reason to deny leave to amend). We accordingly
affirm the judgment of the district court. See 8th Cir. R. 47B.
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1
The Honorable Stephen R. Bough, United States District Judge for the
Western District of Missouri.
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