James Kenefick v. Francis Howell School District, No. 13-3789 (8th Cir. 2014)

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Court Description: Civil case. Dismissal affirmed without comment.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-3789 ___________________________ James P. Kenefick lllllllllllllllllllll Plaintiff - Appellant v. Francis Howell School District; Eric Pavia; Mike Deters lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: July 28, 2014 Filed: July 31, 2014 [Unpublished] ____________ Before BYE, SMITH, and KELLY, Circuit Judges. ____________ PER CURIAM. James Kenefick appeals the district court s1 order dismissing his civil complaint upon a Federal Rule of Civil Procedure 12(b)(6) motion. Upon careful de novo review, see Minn. Majority v. Mansky, 708 F.3d 1051, 1055 (8th Cir.) (standard of review), cert. denied, 134 S. Ct. 824 (2013), we agree with the district court that Kenefick failed to state a facially plausible claim, see Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Terry I. Adelman, United States Magistrate Judge for the Eastern District of Missouri, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. ยง 636(c). -2-

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