Filed: Oct. 08, 2019
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 19-1823 _ Calvin C. Hollowell lllllllllllllllllllllPlaintiff - Appellant v. Ally Bank; Pablo Villatore, Salesman, Superior Dodge Chrysler Jeep; Justin McGrew, Sales Manager, Superior Dodge Chrysler Jeep; Kit Coleman lllllllllllllllllllllDefendants - Appellees _ Appeal from United States District Court for the Eastern District of Arkansas - Little Rock _ Submitted: October 7, 2019 Filed: October 8, 2019 [Unpublished] _ Before BENTON, KEL
Summary: United States Court of Appeals For the Eighth Circuit _ No. 19-1823 _ Calvin C. Hollowell lllllllllllllllllllllPlaintiff - Appellant v. Ally Bank; Pablo Villatore, Salesman, Superior Dodge Chrysler Jeep; Justin McGrew, Sales Manager, Superior Dodge Chrysler Jeep; Kit Coleman lllllllllllllllllllllDefendants - Appellees _ Appeal from United States District Court for the Eastern District of Arkansas - Little Rock _ Submitted: October 7, 2019 Filed: October 8, 2019 [Unpublished] _ Before BENTON, KELL..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 19-1823
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Calvin C. Hollowell
lllllllllllllllllllllPlaintiff - Appellant
v.
Ally Bank; Pablo Villatore, Salesman, Superior Dodge Chrysler Jeep; Justin
McGrew, Sales Manager, Superior Dodge Chrysler Jeep; Kit Coleman
lllllllllllllllllllllDefendants - Appellees
____________
Appeal from United States District Court
for the Eastern District of Arkansas - Little Rock
____________
Submitted: October 7, 2019
Filed: October 8, 2019
[Unpublished]
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Before BENTON, KELLY, ERICKSON, Circuit Judges.
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PER CURIAM.
Calvin Hollowell appeals after the district court1 dismissed his civil action
related to the purchase of a vehicle. After careful de novo review, see Roe v.
Nebraska,
861 F.3d 785, 787 (8th Cir. 2017), we conclude that Hollowell failed to
allege facts that would entitle him to relief under 42 U.S.C. §§ 1983 and 1985, or
under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §§ 1692-1692p, see
Bell Atl. Corp. v. Twombly,
550 U.S. 544, 555 (2007) (plaintiff must provide short
and plain statement of claim showing that he is entitled to relief); see also Magee v.
Trs. of Hamline Univ., Minn.,
747 F.3d 532, 536-37 (8th Cir. 2014) (plaintiff failed
to state § 1983 claim against private party where no facts plausibly alleged mutual
understanding between private party and state actor); Federer v. Gephardt,
363 F.3d
754, 758 (8th Cir. 2004) (to state § 1985 claim, plaintiff must allege violation of
federally protected right). Accordingly, the judgment is affirmed. See 8th Cir. R.
47B.
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1
The Honorable James M. Moody, Jr., United States District Judge for the
Eastern District of Arkansas.
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