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Frederick Smith v. Rick McKelvey, 16-1726 (2016)

Court: Court of Appeals for the Eighth Circuit Number: 16-1726 Visitors: 17
Filed: Aug. 04, 2016
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 16-1726 _ Frederick Smith, lllllllllllllllllllll Plaintiff - Appellant, v. Rick G. McKelvey, Officer; Arkansas State Police Department, lllllllllllllllllllll Defendants - Appellees. _ Appeal from United States District Court for the Eastern District of Arkansas - Jonesboro _ Submitted: August 1, 2016 Filed: August 4, 2016 [Unpublished] _ Before COLLOTON, BOWMAN, and GRUENDER, Circuit Judges. _ PER CURIAM. Frederick Smith appeals distric
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                  United States Court of Appeals
                             For the Eighth Circuit
                         ___________________________

                                 No. 16-1726
                         ___________________________

                                   Frederick Smith,

                        lllllllllllllllllllll Plaintiff - Appellant,

                                            v.

          Rick G. McKelvey, Officer; Arkansas State Police Department,

                      lllllllllllllllllllll Defendants - Appellees.
                                       ____________

                     Appeal from United States District Court
                  for the Eastern District of Arkansas - Jonesboro
                                   ____________

                             Submitted: August 1, 2016
                              Filed: August 4, 2016
                                  [Unpublished]
                                  ____________

Before COLLOTON, BOWMAN, and GRUENDER, Circuit Judges.
                        ____________

PER CURIAM.

      Frederick Smith appeals district court’s1 28 U.S.C. § 1915(e)(2) dismissal,
without prejudice, of his pro se complaint under 42 U.S.C. §§ 1983 and 1985. Smith


      1
        The Honorable D.P. Marshall Jr., United States District Judge for the Eastern
District of Arkansas.
also sought to bring claims under the Racketeer Influenced and Corrupt Organizations
Act; under 18 U.S.C. §§ 241, 242; and under Arkansas law.

       Upon careful de novo review, see Moore v. Sims, 
200 F.3d 1170
, 1171 (8th Cir.
2000) (per curiam), we conclude that all of Smith’s federal claims were subject to
dismissal, see Rotella v. Wood, 
528 U.S. 549
, 553, 557-58 (2000); Linda R.S. v.
Richard D., 
410 U.S. 614
, 619 (1973); Jones v. Frost, 
770 F.3d 1183
, 1185 (8th Cir.
2014), and that the district court was warranted in declining to exercise supplemental
jurisdiction over Smith’s state-law claims, see 28 U.S.C. § 1367(c). Accordingly, the
judgment of the district court is affirmed. See 8th Cir. R. 47B.
                         ______________________________




                                         -2-

Source:  CourtListener

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