Chris J. Jacobs, III v. Richard D. Sletten, et al, No. 11-2486 (8th Cir. 2011)
Annotate this CaseCourt Description: Civil Case - dismissal. Dismissal under section 1915(g) is unwarranted, but complaint is subject to dismissal for failure to state a claim.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 11-2486 ___________ Chris J. Jacobs, III, * * Appellant, * * Appeal from the United States v. * District Court for the * District of Minnesota. Richard D. Sletten, Clerk of Court; * James Lackner, U.S. Atty., * [UNPUBLISHED] * Appellees. * ___________ Submitted: September 30, 2011 Filed: October 7, 2011 ___________ Before LOKEN, MELLOY, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Wisconsin inmate Chris Jacobs appeals the 28 U.S.C. ยง 1915(g) dismissal of his civil action. Because it does not appear to us that Jacobs in fact has three strikes for section 1915(g) purposes, we grant him leave to proceed on appeal in forma pauperis. We conclude, however, that his complaint was subject to dismissal for failure to state a claim. See Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949-50 (2009) (complaint must allege specific plausible facts supporting claim and allowing inference that defendant is liable). Accordingly, we affirm the judgment of dismissal on that basis. See Ballinger v. Culotta, 322 F.3d 546, 548 (8th Cir. 2003) (appellate court may affirm judgment on any ground supported by record). ______________________________
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