United States v. Bobby Walker

1The Honorable Joan N. Ericksen, United States District Judge for the District
of Minnesota, adopting the report and recommendations of the Honorable Raymond
L. Erickson, United States Magistrate Judge for the District of Minnesota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 10-3303
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Brad Bigalke, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* District of Minnesota.
State of Minnesota Department of *
Veterans Affairs; and AFSCME * [UNPUBLISHED]
Council 5 AFL-CIO, *
*
Appellees. *
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Submitted: February 8, 2011
Filed: February 11, 2011
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Before MELLOY, GRUENDER, and BENTON, Circuit Judges.
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PER CURIAM.
Brad Bigalke appeals the district court’s 1 final judgment dismissing with
prejudice his claims of Americans With Disabilities Act violations by the State of
Minnesota Department of Veterans Affairs and breach of the duty of fair
representation by AFSCME Counsel 5, AFL-CIO, and dismissing without prejudice

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his remaining state law claims. Upon careful review, see Gibson v. Weber, 433 F.3d
642, 647 (8th Cir. 2006) (abuse-of-discretion review of decision not to exercise
supplemental jurisdiction); Luney v. SGS Auto. Servs., Inc., 432 F.3d 866, 867 (8th
Cir. 2005) (de novo review of grant of motion to dismiss), we affirm for the reasons
stated by the district court, see 8th Cir. R. 47B.
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