Brock Fredin v. Grace Elizabeth Miller, No. 20-2426 (8th Cir. 2021)
Annotate this CaseCourt Description: [Per Curiam - Before Shepherd, Melloy, and Kobes, Circuit Judges] Civil case - Torts. Dismissal affirmed without comment.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-2426 ___________________________ Brock Fredin lllllllllllllllllllllPlaintiff - Appellant v. Grace Elizabeth Miller; Catherine Schaefer; Lindsey Middlecamp; David Middlecamp; Peter Mayer; David Green; Dorsey & Whitney lllllllllllllllllllllDefendants - Appellees ____________ Appeal from United States District Court for the District of Minnesota ____________ Submitted: March 11, 2021 Filed: March 16, 2021 [Unpublished] ____________ Before SHEPHERD, MELLOY, and KOBES, Circuit Judges. ____________ PER CURIAM. Brock Fredin appeals the district court’s1 dismissal of his diversity action sounding in tort. Upon careful review of the record and the parties’ arguments on appeal, we find no basis for reversal. See Kelly v. City of Omaha, 813 F.3d 1070, 1075 (8th Cir. 2016) (grant of motion to dismiss for failure to state claim under Fed. R. Civ. P. 12(b)(6) is reviewed de novo); see also Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (complaint must contain sufficient facts to state claim that is plausible on its face; claim is plausible when plaintiff pleads factual content allowing court to draw reasonable inference that defendant is liable for alleged misconduct); Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (factual allegations must show entitlement to relief beyond speculative level; mere conclusions and formulaic recitation of elements do not suffice). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Susan Richard Nelson, United States District Judge for the District of Minnesota. -2-
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