Joeffre Kolosky v. City of Brooklyn Park, et al, No. 08-1876 (8th Cir. 2009)
Annotate this CaseCourt Description: Civil case - civil rights. Dismissal affirmed without comment.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-1876 ___________ Joeffre Kolosky, * * Appellant, * * Appeal from the United States v. * District Court for the * District of Minnesota. City of Brooklyn Park; City of * Brooklyn Center; City of Burnsville, * [UNPUBLISHED] City of Savage; Dakota County, * * Appellees. * ___________ Submitted: June 12, 2009 Filed: June 22, 2009 ___________ Before BYE, COLLOTON, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Joeffre Kolosky appeals the district court s1 dismissal of his 42 U.S.C. ยง 1983 complaint for failure to state a claim. After de novo review, see Olsen v. Mukasey, 541 F.3d 827, 830 (8th Cir. 2008), cert. denied, 77 U.S.L.W. 3606 (U.S. May 4, 2009), we conclude the dismissal of Kolosky s complaint was proper for the reasons 1 The Honorable John R. Tunheim, United States District Judge for the District of Minnesota, adopting the report and recommendation of the Honorable Franklin L. Noel, United States Magistrate Judge for the District of Minnesota. stated by the district court. We also find no abuse of discretion in the district court s denial of Kolosky s motion to proceed in forma pauperis on appeal, because Kolosky failed to demonstrate that he had insufficient resources to pay the filing fee. Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B. ______________________________ -2-
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