David Jeep v. The Tea Party/GOP/Republicans, No. 14-1344 (8th Cir. 2014)
Annotate this CaseCourt Description: Civil case. Preservice dismissal for lack of subject matter jurisdiction affirmed without comment. [ June 12, 2014
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-1344 ___________________________ David Gerard Jeep lllllllllllllllllllll Plaintiff - Appellant v. The Tea Party/GOP/Republicans; John Boehner, Republican Speaker of the House; Mitch McConnell, Republican Minority Leader lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: June 11, 2014 Filed: June 13, 2014 [Unpublished] ____________ Before LOKEN, MURPHY, and SMITH, Circuit Judges. ____________ PER CURIAM. David Jeep appeals after the district court1 dismissed his civil complaint preservice for lack of subject matter jurisdiction. Upon careful de novo review, see Hart v. United States, 630 F.3d 1085, 1088 (8th Cir. 2011) (standard of review), we conclude that the district court appropriately dismissed the complaint, see Fed. R. Civ. P. 12(h)(3) (if court determines at any time that it lacks subject matter jurisdiction, court must dismiss action); Hagans v. Lavine, 415 U.S. 528, 536-38 (1974) (federal courts are without power to entertain claims otherwise within their jurisdiction if they are so attenuated and unsubstantial as to be absolutely devoid of merit); Biscanin v. Merril Lynch & Co., 407 F.3d 905, 907 (8th Cir. 2005) ( [i]f the asserted basis of federal jurisdiction is patently meritless, then dismissal for lack of jurisdiction is appropriate ; court determines whether asserted jurisdictional basis is patently meritless by looking to face of complaint and drawing all reasonable inferences in favor of plaintiff). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable John A. Ross, United States District Judge for the Eastern District of Missouri. -2-
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