Benjamin Mario Soto v. Minnesota Bureau of Criminal

United States Court of Appeals
For the Eighth Circuit
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No. 14-2175
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Benjamin Mario Soto
lllllllllllllllllllll Plaintiff - Appellant
v.
Minnesota Bureau of Criminal Apprehension
lllllllllllllllllllll Defendant - Appellee
U.S. Equal Employment Opportunity Commission
lllllllllllllllllllll Defendant
John Does 1-5, each individually and in their official capacities as officials and
employees of the Minnesota Bureau of Criminal Apprehension
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the District of Minnesota - Minneapolis
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Submitted: October 27, 2014
Filed: November 3, 2014
[Unpublished]
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Before COLLOTON, BOWMAN, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Benjamin Soto appeals the district court’s1 dismissal of his 42 U.S.C. § 1983
action. Upon careful review, we conclude that the district court did not err in
dismissing Soto’s claims. See Palmer v. Ill. Farmers Ins. Co., 666 F.3d 1081, 1083
(8th Cir. 2012) (de novo review of grant of motion to dismiss); Mulvenon v.
Greenwood, 643 F.3d 653, 657 (8th Cir. 2011) (person must have legitimate claim of
entitlement to his employment to have property interest in it). In addition, to the
extent Soto attempts to assert on appeal a claim under the Americans with Disabilities
Act, we decline to consider it. See Topchian v. JPMorgan Chase Bank, N.A., 760
F.3d 843, 849 (2014) (appellate court does not address legal or factual claims
presented for first time on appeal).
Accordingly, we affirm. See 8th Cir. R. 47B. We also deny Soto’s pending
motions.
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1
The Honorable Donovan W. Frank, United States District Judge for the
District of Minnesota, adopting the report and recommendations of the Honorable
Steven E. Rau, United States Magistrate Judge for the District of Minnesota.
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