Elawyers Elawyers
Ohio| Change

Calvin Hollowell v. Ally Bank, 19-1823 (2019)

Court: Court of Appeals for the Eighth Circuit Number: 19-1823 Visitors: 54
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District Court for the Eastern District of Arkansas - Little Rock _ Submitted: October 7, 2019 Filed: October 8, 2019 [Unpublished] _ Before BENTON, KEL
More
               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                                [Unpublished]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, KELLY, ERICKSON, Circuit Judges.
                          ____________

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.
                       ______________________________




      1
       The Honorable James M. Moody, Jr., United States District Judge for the
Eastern District of Arkansas.

                                         -2-

Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer