Diane Vandergriff v. Wuestling & James, et al, No. 09-1045 (8th Cir. 2009)

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Court Description: Civil Case - jurisdiction. District court's dismissal for lack of subject matter jurisdiction is summarily affirmed.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-1045 ___________ Diane Vandergriff, Appellant, v. Wuestling & James; James Onder; Onder, Shelton, Oleary & Peterson; Bank of America; Magna Group, Inc., doing business as Magna Trust Company; Settlement Services, Inc,; Regions Bank; Allstate, Appellees. * * * * * * * * * * * * * * Appeal from the United States District Court for the Eastern District of Missouri. [UNPUBLISHED] ___________ Submitted: September 16, 2009 Filed: October 9, 2009 ___________ Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Diane Vandergriff appeals the district court s1 order dismissing her civil action for lack of subject matter jurisdiction, and the court s post-dismissal order denying 1 The Honorable Carol E. Jackson, United States District Judge for the Eastern District of Missouri. leave to amend the complaint. Following de novo review, see Lemay v. U.S. Postal Serv., 450 F.3d 797, 799 (8th Cir. 2006), we conclude that dismissal was proper for the reasons stated by the district court. We also conclude the district court did not abuse its discretion in denying leave to amend. See Marmo v. Tyson Fresh Meats, Inc., 457 F.3d 748, 755 (8th Cir. 2006). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-

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