Alexandra Hussey v. Carol Pankow ( 2020 )


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  •                  United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 19-2479
    ___________________________
    Alexandra Noelle Hussey
    lllllllllllllllllllllPlaintiff - Appellant
    v.
    Carol Pankow; Brianna Mehr; Natasha Jerde, formerly known as Natasha Lemler;
    Maurita Christensen; Minnesota Department of Employment and Economic Development
    lllllllllllllllllllllDefendants - Appellees
    ____________
    Appeal from United States District Court
    for the District of Minnesota
    ____________
    Submitted: February 26, 2020
    Filed: March 2, 2020
    [Unpublished]
    ____________
    Before LOKEN, BEAM, and COLLOTON, Circuit Judges.
    ____________
    PER CURIAM.
    Alexandra Hussey appeals the district court’s1 dismissal of her pro se action.
    Having carefully reviewed the record and the parties’ arguments on appeal, we find
    1
    The Honorable David S. Doty, United States District Judge for the District of
    Minnesota.
    no basis for reversal. We conclude that dismissal was proper, see Montin v. Moore,
    
    846 F.3d 289
    , 292 (8th Cir. 2017) (de novo review); and that there was no abuse of
    discretion in the denial of her motion for recusal of the magistrate, the denial of leave
    to file a second amended complaint, or the denial of her post-judgment motions,
    see Liteky v. United States, 
    510 U.S. 540
    , 555 (1994); D.M. by Bao Xiong v. Minn.
    State High Sch. League, 
    917 F.3d 994
    , 999 (8th Cir. 2019); Schriener v. Quicken
    Loans, Inc., 
    774 F.3d 442
    , 446 (8th Cir. 2014); Norman v. Ark. Dep’t of Educ., 
    79 F.3d 748
    , 750 (8th Cir. 1996). However, we modify the dismissal of the state-law
    claims to be without prejudice. See Ahmed v. United States, 
    147 F.3d 791
    , 797 (8th
    Cir. 1998) (dismissal for lack of jurisdiction should be without prejudice)
    The judgment is affirmed as modified. See 8th Cir. R. 47B. We deny Hussey’s
    motion for a transcript.
    ______________________________
    -2-