Rickey Holtsclaw v. Sandy Sanders, No. 16-3402 (8th Cir. 2017)

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Court Description: Per Curiam - Before Smith, Bowman and Benton, Circuit Judges] Civil case - Civil Rights. Dismissal of plaintiff's pro se Section 1983 complaint affirmed without comment. [ February 17, 2017

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-3402 ___________________________ Rickey Dale Holtsclaw lllllllllllllllllllll Plaintiff - Appellant v. Mayor Sandy Sanders, City of Fort Smith, Arkansas; Chief of Police Kevin Lindsey, City of Fort Smith, Arkansas; Mayor Lioneld Jordan, City of Fayetteville, Arkansas; Chief of Police Greg Tabor, City of Fayetteville, Arkansas lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Western District of Arkansas - Ft. Smith ____________ Submitted: February 15, 2017 Filed: February 21, 2017 [Unpublished] ____________ Before SMITH, BOWMAN, and BENTON, Circuit Judges. ____________ PER CURIAM. Rickey Holtsclaw appeals after the District Court1 dismissed his pro se 42 U.S.C. ยง 1983 complaint alleging violations of his right to equal protection of the law under the Fourteenth Amendment. After de novo review, we see no reason to reverse the dismissal order because Holtsclaw failed to state an equal-protection claim. See Phillips v. Norris, 320 F.3d 844, 848 (8th Cir. 2003) (concluding that an equal protection failed where the plaintiff did not allege membership in a protected class or purposeful discrimination). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable P.K. Holmes, III, Chief Judge, United States District Court for the Western District of Arkansas. -2-

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