B. J. G. v. St. Charles County Sheriff, No. 10-2060 (8th Cir. 2010)

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Court Description: Civil case - civil rights. Dismissal affirmed without comment.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 10-2060 ___________ B. J. G., by and through her next friend * Elizabeth McCray, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. St. Charles County Sheriff; Francis * Howell School District; Juvenile * [UNPUBLISHED] Justice Center, * * Appellees. * ___________ Submitted: November 4, 2010 Filed: November 9, 2010 ___________ Before BYE, BOWMAN, and COLLOTON, Circuit Judges. ___________ PER CURIAM. Elizabeth McCray, on behalf of her minor child B.J.G., appeals the district court s1 dismissal of her 42 U.S.C. ยง 1983 action under Federal Rule of Civil Procedure 12(b)(6). Upon careful de novo review, see Carter v. Arkansas, 392 F.3d 965, 968 (8th Cir. 2004), we conclude that dismissal was proper for the reasons the 1 The Honorable Catherine D. Perry, Chief Judge, United States District Court for the Eastern District of Missouri. district court stated. Accordingly, we affirm. See 8th Cir. R. 47B. We also deny as moot appellee Francis Howell School District s motion to strike McCray s reply brief. ______________________________ -2-

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