Summary
modifying a dismissal to be with prejudice after observing that plaintiff “can prove no set of facts that would entitle him to relief”
Summary of this case from Brotherhood Mutual Insurance v. ADT LLCOpinion
No. 10-1911.
Submitted: August 9, 2010.
Filed: August 12, 2010.
Appeal from the United States District Court for the Eastern District of Arkansas, Wm. R. Wilson, Jr.
Calvin C. Hollowell, Little Rock, AR, pro se.
Paul Prater, Hosto Buchan, Little Rock, AR, Monty Vaughan Baugh, David M. Fuqua, Fuqua Campbell, Little Rock, AR, for Appellees.
Before BYE, BOWMAN, and COLLOTON, Circuit Judges.
Calvin Hollowell appeals an order of the District Court dismissing his civil action related to state garnishment proceedings. Upon careful de novo review, see Carter v. Arkansas, 392 F.3d 965, 968 (8th Cir. 2004), we conclude that based on the allegations in Hollowell's complaint, he can prove no set of facts that would entitle him to relief on the claims he asserted under 42 U.S.C. §§ 1983, 1985, and 1986, as well as the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692- 1692p, see Bell Atl Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (holding that a complaint must contain sufficient factual matter to state a claim for relief that is plausible on its face; plaintiffs obligation to provide grounds of entitlement to relief requires more than labels and conclusions). Accordingly, we modify the District Court's order to reflect that all of the claims asserted in the complaint are dismissed with prejudice, and we affirm the order as modified.
The Honorable William R. Wilson, Jr., United States District Judge for the Eastern District of Arkansas.
We do not construe the complaint as asserting an independent claim under 42 U.S.C. § 407.