Nery G. Ventura v. Dept. of Homeland

1The Honorable Henry E. Autrey, United States District Judge for the Eastern
District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 05-3018
___________
George Poole, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Missouri.
Mary Catherine Moran, *
* [UNPUBLISHED]
Appellee. *
___________
Submitted: December 7, 2005
Filed: December 20, 2005
___________
Before MELLOY, HANSEN, and GRUENDER, Circuit Judges.
___________
PER CURIAM.
George Poole appeals the district court’s 1 28 U.S.C. § 1915(e)(2)(B) dismissal,
without prejudice, of his 42 U.S.C. § 1983 action. Having carefully reviewed the
record and Poole’s submissions on appeal, see Moore v. Sims, 200 F.3d 1170, 1171
(8th Cir. 2000) (per curiam) (de novo review), we conclude the judgment of the
district court was correct. Poole failed to allege any violation of his constitutional
rights and, thus, failed to state a cognizable section 1983 claim. See Walker v. Reed,
104 F.3d 156, 157 (8th Cir. 1997) (to state cognizable claim under § 1983, plaintiff’s

-- 1 of 2 --

-2-
complaint must allege that conduct of defendant acting under color of state law
deprived him of right, privilege, or immunity secured by Constitution or laws of
United States). We reject Poole’s disqualification argument. Accordingly, we affirm.
See 8th Cir. R. 47B.
______________________________

-- 2 of 2 --