Max Medcqm v. US Department of State ( 2024 )

United States Court of Appeals
For the Eighth Circuit
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No. 24-2335
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Max A. Medcqm
lllllllllllllllllllllPlaintiff - Appellant
v.
United States Department of State, Agency
lllllllllllllllllllllDefendant - Appellee
Jane Doe, employee, US Embassy Nairobi, Kenya; John Doe, employee, US
Embassy Nairobi, Kenya
lllllllllllllllllllllDefendants
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Appeal from United States District Court
for the District of Minnesota
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Submitted: November 19, 2024
Filed: November 22, 2024
[Unpublished]
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Before SMITH, ERICKSON, and KOBES, Circuit Judges.
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PER CURIAM.
Max Medcqm appeals following the district court’s1 dismissal of his pro se
civil action. Having carefully reviewed the record and the parties’ arguments on
appeal, we find no basis for reversal. See Montin v. Moore, 846 F.3d 289, 292 (8th
Cir. 2017) (de novo review of grant of motion to dismiss). However, as to the
constitutional and conspiracy claims against the Department of State and the
individual defendants in their official capacities in Counts 1 through 6 of the Second
Amended Complaint, we modify the dismissal to be without prejudice. See Hart v.
United States, 630 F.3d 1085, 1091 (8th Cir. 2011) (affirming dismissal based on lack
of subject-matter jurisdiction, but modifying dismissal to be without prejudice). We
affirm the judgment as modified. See 8th Cir. R. 47B.
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1
The Honorable Donovan W. Frank, United States District Judge for the
District of Minnesota.
-2-