Paul Gordon v. Bonnie Draper, No. 14-1233 (8th Cir. 2014)
Annotate this CaseCourt Description: Civil Case - civil rights. District court's pre-service dismissal of claim against private person who allegedly prevented Gordon's mail from being delivered failed to state a claim upon which relief can be granted. Dismissal was a merits dismissal under Rule 12(b)(6) and not a dismissal for lack of jurisdiction. [ June 26, 2014
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-1233 ___________________________ Paul M. Gordon lllllllllllllllllllll Plaintiff - Appellant v. Bonnie Lee Ann Draper lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the Western District of Arkansas - Hot Springs ____________ Submitted: June 17, 2014 Filed: June 27, 2014 [Unpublished] ____________ Before LOKEN, MURPHY, and SMITH, Circuit Judges. ____________ PER CURIAM. Paul Gordon appeals the district court s1 pre-service dismissal of his 42 U.S.C. § 1983 action against Bonnie Draper, a private person who has allegedly prevented Gordon s mail from being delivered to his son, who lives with Draper. Upon de novo review, see Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir. 2000), we conclude the district court properly dismissed the complaint with prejudice under 28 U.S.C. § 1915(e)(2) because it failed to state a claim upon which § 1983 relief can be granted for the reasons stated in Magistrate Judge Bryant s Report and Recommendation. This is a merits dismissal under Rule 12(b)(6) of the Federal Rules of Civil Procedure, not a dismissal for lack of subject matter jurisdiction. See, e.g., Morrison v. Nat l Australia Bank, Ltd., 561 U.S. 247, 254 (2010). As so modified, the judgment of the district court is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Robert T. Dawson, United States District Judge for the Western District of Arkansas, adopting the report and recommendations of the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. -2-
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