Diabate Amadou v. J.B. Hunt Transport, Inc., No. 08-3270 (8th Cir. 2009)
Annotate this CaseCourt Description: Civil Case - dismissal. District court's dismissal for failure to state a claim and denial of motion to amend is summarily affirmed.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-3270 ___________ Diabate Amadou, Appellant, v. J. B. Hunt Transport, Inc., Appellee. * * * * Appeal from the United States * District Court for the * District of Minnesota. * * [UNPUBLISHED] * ___________ Submitted: October 26, 2009 Filed: December 14, 2009 ___________ Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Diabate Amadou appeals the district court s1order dismissing his civil action for failure to state a claim for relief, and denying his motion to amend the complaint. Following de novo review, see O Neil v. Simplicity, Inc., 574 F.3d 501, 503 (8th Cir. 2009), we conclude that dismissal was proper for the reasons stated by the district court, and that the court did not abuse its discretion in denying leave to amend as 1 The Honorable Donovan W. Frank, United States District Judge for the District of Minnesota. futile. See Marmo v Tyson Fresh Meats, Inc., 457 F.3d 748, 755 (8th Cir. 2006). Accordingly, we affirm. See 8th Cir. R. 47B. We also deny the pending motion.2 ______________________________ 2 We decline to address the numerous issues that Amadou raises for the first time on appeal. See Flynn v. Chater, 107 F.3d 617, 620 (8th Cir. 1997). -2-
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