Abe Givins, Jr. v. James Brisco, No. 12-3847 (8th Cir. 2013)
Annotate this CaseCourt Description: Civil Case - jurisdiction. Dismissal without prejudice for lack of subject matter jurisdiction is summarily affirmed. [ June 26, 2013
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-3847 ___________________________ Abe Givins, Jr. lllllllllllllllllllll Plaintiff - Appellant v. James J. Brisco, Prosecuting Attorney, St. Charles County; Gwenda R. Robinson, Attorney; Carolyn C. Woods, Prosecuting Attorney; City of Town and Country; Patrick Kranz, Police Officer, Captain, Town and Country Police Department; John Nienhaus, Police Officer, Detective, Town and Country Police Department; Joan M. Gilmer, Circuit Clerk, St. Louis County lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: June 24, 2013 Filed: June 27, 2013 [Unpublished] ____________ Before WOLLMAN, BOWMAN, and GRUENDER, Circuit Judges. ____________ PER CURIAM. Abe Givins appeals the district court s1 preservice dismissal of his complaint, without prejudice, for lack of subject matter jurisdiction. Upon careful de novo review, see LeMay v. U.S. Postal Serv., 450 F.3d 797, 799 (8th Cir. 2006) (de novo review of dismissal for lack of subject matter jurisdiction), we find no basis for reversal, see Fed. R. Civ. P. 12(h)(3) (if court determines at any time that it lacks subject matter jurisdiction, court must dismiss action); Biscanin v. Merrill Lynch & Co., 407 F.3d 905, 907 (8th Cir. 2005) ( [i]f the asserted basis of federal jurisdiction is patently meritless, then dismissal for lack of jurisdiction is appropriate ). Accordingly, we affirm. See 8th Cir. R. 47B. We also deny all of Givins s pending motions. ______________________________ 1 The Honorable Charles A. Shaw, United States District Judge for the Eastern District of Missouri. -2-
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