Amilcar Nicolas Calderon-Lopez v. Eric H. Holder, Jr.

09-3980Court of Appeals for the Eighth CircuitSep 30, 2010

Full text

1The Honorable Joan N. Ericksen, United States District Judge for the District
of Minnesota, adopting the report and recommendations of the Honorable Jeffrey J.
Keyes, United States Magistrate Judge for the District of Minnesota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 10-1699
___________
Kris Alan Hahn, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* District of Minnesota.
Thomas E. Bauer; Mark S. Wernick; *
J. Marshall; Peter Sichko; Michael O. * [UNPUBLISHED]
Freeman; City of Minnespolis; County *
of Hennepin, *
*
Appellees. *
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Submitted: September 7, 2010
Filed: September 17, 2010
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Before LOKEN, MURPHY, and BENTON, Circuit Judges.
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PER CURIAM.
Kris Hahn appeals the district court’s1 order dismissing his civil action. Having
carefully reviewed the record de novo, see Strand v. Diversified Collection Serv. Inc.,
380 F.3d 316, 317 (8th Cir. 2004), and Hahn’s arguments on appeal, we conclude that
this appeal fails. We agree with the district court that the claims dismissed with

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2Hahn also challenges the magistrate judge’s denial of leave to amend his
complaint, but that ruling is not properly before us because Hahn failed to object
timely to the order.
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prejudice for failure to state a claim were not viable claims under 42 U.S.C. § 1983,
and we find that the district court did not abuse its discretion in declining to exercise
supplemental jurisdiction over the state law claims, which were properly dismissed
without prejudice. 2
Accordingly, we affirm. See 8th Cir. R. 47B.
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