Summary
affirming district court's dismissal with prejudice of § 1983 claims for failure to state a claim when plaintiff's claims were not viable under § 1983
Summary of this case from Freeney v. GalvinOpinion
No. 10-1699.
Submitted: September 7, 2010.
Filed: September 17, 2010.
Appeal from the United States District Court for the District of Minnesota.
Kris Alan Hahn, Elk River, MN, pro se.
Richard John Thomas, Burke Thomas, St. Paul, MN, for John Steven Garry, Attorney General's Office, St. Paul, MN, Toni Ann Beitz, Minneapolis, MN, James Anthony Moore, Assistant, Minneapolis City Attorney, Minneapolis, MN, for Appellees.
Before LOKEN, MURPHY, and BENTON, Circuit Judges.
[UNPUBLISHED]
Kris Hahn appeals the district court's
The 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.
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 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.
Hahn 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.
Accordingly, we affirm. See 8th Cir. R.47B.