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Knox v. Kempker

United States Court of Appeals, Eighth Circuit
Oct 28, 2008
297 F. App'x 573 (8th Cir. 2008)

Opinion

No. 07-2760.

Submitted: October 22, 2008.

Filed: October 28, 2008.

Appeal from the United States District Court for the Eastern District of Missouri.

Before MELLOY, COLLOTON, and SHEPHERD, Circuit Judges.


[UNPUBLISHED]


Oregon inmate James Knox appeals the district court's dismissal of his civil action regarding his placement in administrative segregation, the conditions there, and other alleged constitutional violations. Reviewing the record de novo and taking all facts alleged in the complaint as true, see Carter v. Arkansas, 392 F.3d 965, 968 (8th Cir. 2004) (standard of review for Federal Rule of Civil Procedure 12(b)(6) dismissals); Cooper v. Schriro, 189 F.3d 781, 783 (8th Cir. 1999) (per curiam) (standard of review for 28 U.S.C. § 1915A dismissals), we conclude that the district court properly dismissed the complaint, because the various claims Knox alleged either rely on legal conclusions rather than supporting facts, or simply do not state an actionable wrong, see Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 1964-65, 1969 nn. 3, 8, 167 L.Ed.2d 929 (2007); Stone v. Harry, 364 F.3d 912, 914 (8th Cir. 2004); Martin v. Sargent, 780 F.2d 1334, 1337 (8th Cir. 1985).

The Honorable Carol E. Jackson, Chief Judge, United States District Court for the Eastern District of Missouri, and the Honorable Mary Ann L. Medler, United States Magistrate Judge for the Eastern District of Missouri, to whom the remainder of the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c).

Accordingly, we affirm the dismissal, but we modify it to be without prejudice.


Summaries of

Knox v. Kempker

United States Court of Appeals, Eighth Circuit
Oct 28, 2008
297 F. App'x 573 (8th Cir. 2008)
Case details for

Knox v. Kempker

Case Details

Full title:James C. KNOX, Appellant, v. Gary KEMPKER, Director, Missouri Department…

Court:United States Court of Appeals, Eighth Circuit

Date published: Oct 28, 2008

Citations

297 F. App'x 573 (8th Cir. 2008)

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